A single man in the UK has won High Court approval of his surrogacy arrangement with his own mother, who effectively carried her own grandchild. Certainly, in this case, if the woman who carried you were good enough to carry you, then why would she not be for your own child?
According to the Daily Mail,
In a procedure believed to be a world first, a fertility clinic arranged the woman’s pregnancy using a donor egg and her son’s sperm.
She offered to have the baby – with her husband’s consent – after plans by their son to have an IVF child with another female relative collapsed.
The extraordinary arrangement emerged when a High Court judge ruled that the son can now adopt the baby boy and become his legal father – even though in the eyes of the law he is also the infant’s brother.
However, the move was met with howls of protest by critics, who described the procedure as ‘dubious’ and called for urgent reforms to prevent abuses of fertility law.
What are your thoughts on this arrangement? Is it a perfect solution? Or, is it an abuse of fertility law as some are saying?
The Justice added the following,
Mrs Justice Theis, who did not identify the family, the clinic or the local authority in the area where they live, said: ‘The arrangement the parties entered into is not one, as far as I am aware, that either this court or the clinic have previously encountered and although highly unusual is entirely lawful under the relevant statutory provisions.’…
The baby, now seven months old, was born at full term and now lives with his father. However the judge warned others not to embark on surrogacy deals without ‘comprehensive legal advice’ because the process is a ‘legal minefield’.
Mrs Justice Theis said that under the 2008 Human Fertilisation and Embryology Act, which governs surrogacy arrangements, the woman who carried the child is the legal mother. Her husband is the legal father because he consented to the pregnancy.
Rules stipulate that a surrogate mother must hand over a child to two parents – usually a couple ‘in an enduring family relationship’. Under the law, it would be a crime to hand over the baby to the biological father alone.
But the judge argued that the adoption would not break laws because the baby and its father are legally related already as brothers. Social workers backed the adoption, saying it would ‘strengthen the bond’ the father and child already share’.
Keywords: surrogacy, surrogate, UK surrogacy, adoption, surrogate mother, gestational surrogacy, child via surrogacy