Surrogacy

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  • Created by: Khalifaj
  • Created on: 06-06-17 00:58
Re P (Minor) (Wardship) [1987]
A surrogate mother is "a woman who bears and carries a child at the behest of another person with a view to that other person subsequently assuming the parental role".
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The Warnock Report 1984 Definition of surrogacy
Stated "surrogacy is the practice whereby one woman carries a child for another with the intention that the child should be handed over at birth".
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The Warnock Report 1984
Recommended that surrogacy agreements should be unenforceable and illegal in the interest of public policy.
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S1A Surrogacy Arrangements Act 1985
Incorporated that surrogacy agreements are unenforceable.
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S36 Human Fertilisation and Embryology Act 1990
Amended s1A SAA 1985 to state that surrogacy agreements are unenforceable.
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Gary Lillienthal et al 'Policy considerations for the legality of surrogacy' 2016 (1)
Surrogacy agreements should not be enforceable because "no woman can possibly know what the rigours of a pregnancy will hold for her and how she might react to them...how she might feel about the baby after a few months of gestation.
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S2 Surrogacy Arrangements Act 1985
Surrogacy cannot be carried out for commercial purposes.
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Lord Meston Hansard Debate 1985
"A child should not be the product of a commercial transaction".
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Gary Lillienthal et al 'Policy considerations for the legality of surrogacy' 2016 (2)
Regard commercial surrogacy as sexual exploitation and regard it as paid slavery.
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S33 Human Fertilisation and Embryology Act 2008
Whoever gives birth to the child (the surrogate) is regarded as the child's mother.
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S35 Human Fertilisation and Embryology Act 2008
The husband of the surrogate will be regarded as the child's father, unless proven that he did not consent to the treatment.
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S54 Human Fertilisation and Embryology Act 2008
In order to attain parental responsibility for the child, the commissioning parents must attain a parental order. The grant of a parental order would have the effect of automatically removing the surrogate from the equation.
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S54(2) Human Fertilisation and Embryology Act 2008
The commissioning parents would need to prove that they are husband and wife, in a civil partnership or that they are living together in an enduring relationship.
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Re Z (A Child) (No2) [2016]
A signle person cannot apply for a parental order under s54(2) HFEA 2008. It was held that the law is incompatible with the ECHR and proposed a need for a change in the law.
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Rose-Marie Drury 'Legal parentage-a changing landscape' 2016 (1)
In referring to the case of Re Z (A Child) (No2) [2016],stated; "as a result of the recent referendum this change in law may take some time".
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S54(7) Human Fertilisation and Embryology Act 2008
The commissioning parents would only be able to attain consent for the surrogate after 6 weeks of the birth of the child.
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S54(3) Human Fertilisation and Embryology Act 2008
The commissioning parents would have to apply for a parental order within 6 moths of the date of the birth.
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s54(6) Human Fertilisation and Embryology Act 2008
The commissioning parents cannot attain a parental order without the consent of the surrogate mother.
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Rose-Marie Drury 'Legal parentage-a changing landscape' 2016 (2)
In referring to the case of Re X (A Child) (surrogacy: time limit) [2014] agreed with view taken by Munby LJ.
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Re X (A Child) (surrogacy: time limit) [2014]
Munby LJ allowed an application after 13 months on the basis that it could not have been parliaments intention for the doors to close forever after 6 months and stated each case will be fact specific.
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S54(8) Human Fertilisation and Embryology Act 2008
In order to be able to attain a parental order, if the commissioning parents paid expenses to the surrogate, those expenses must be reasonable and proportionate.
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Re X and another [2008]
Guidelines for authorising expenses retrospectively(para 21); Was the sum disproportionate? Were the applicants acting in good faith without moral taint? Were the applicants attempting to defraud the authorities? S54(8) HFEA 2008
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S8 Children Act 1989
If no consent was given by the surrogate mother, the commissioning parents could apply for a s8 order under s.10(9).
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Other cards in this set

Card 2

Front

Stated "surrogacy is the practice whereby one woman carries a child for another with the intention that the child should be handed over at birth".

Back

The Warnock Report 1984 Definition of surrogacy

Card 3

Front

Recommended that surrogacy agreements should be unenforceable and illegal in the interest of public policy.

Back

Preview of the back of card 3

Card 4

Front

Incorporated that surrogacy agreements are unenforceable.

Back

Preview of the back of card 4

Card 5

Front

Amended s1A SAA 1985 to state that surrogacy agreements are unenforceable.

Back

Preview of the back of card 5
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