The regulation and recognition of surrogacy under English law: An overview of the case law

This commentary presents an overview of the recent English case law on recognition and regulation of surrogacy, particularly as it relates to the issue of international surrogacy arrangements. It demonstrates that when deciding whether to authorise a surrogacy arrangement, there is often a conflict between the enforcement statutory provisions, and the welfare of the child who will bear the burden of any refusal to grant a parental order. As a result, courts have been forced to interpret the legislation in an innovative manner in order to achieve justice for the child.This is the author accepted manuscript. The final version is available from Jordan Publishing