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  • Surrogacy
    • Surrogacy Arrangements Act 1985
      • S1(2) -  defines a surrogacy arrangement as one made before th child is conceived with a view to any child carried in pursuance of it being handed over to, and PR being met by another person or persons
    • Parental Order Conditions - s54 - HFEA
      • 1 - either the sperm, egg, or both came from the commissioning parents
      • 2- applicants must be over 18
      • 3 - at least one applicant must be domiciled in the UK
      • 4 - the child must live with the applicants
      • 5 - order must be made within 6 months of childs birth
      • 6 - father must give full and unconditionalconsent
      • 7 - birth mother must give full and unconditional consent to the making of the order at least 6 weeks after birth
        • consent may be dispensed  if mother cannot be found
          • Re D  and L (Minors) (Surrogacy) 2012
      • 8 - the husband of the woman who birthed the child must give full and unconditionalconsent
        • Re X and another (foreign surrogacy) 2009
      • 9 - no other than reasonable expenses should be given to the surrogate mother
        • Re S (parental order) [2009]
      • 10 - the pregnancy was not a result of sexual intercourse between the surrogate mother and male applicant
      • 11 - court must take paramount conscdieration of the childs welfare
        • S1 Adoption and Children Act 2002
      • Single parents may now apply for a parental order
        • Re Z (A Child)(no 2) 2016
    • Remedies
      • Application of S1 CA 1989
        • is it in the best interest and welfare of the child that the surrogate remains the mother or that the commissioning parents come the legal parents?
    • Foreign Surrogacy
      • Re X & Y (foreign surrogacy) 2009


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