Surrogacy
- Created by: jadetaylorv
- Created on: 05-12-19 18:11
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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
- consent may be dispensed if mother cannot be found
- 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?
- Application of S1 CA 1989
- Foreign Surrogacy
- Re X & Y (foreign surrogacy) 2009
- Surrogacy Arrangements Act 1985
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