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02 September 2020 / Fiona Lyon
Issue: 7900 / Categories: Features , Family , Covid-19
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Family: The surrogacy journey

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Fiona Lyon discusses the legal & practical steps for modern families in surrogacy arrangements
  • Pathway to surrogacy.
  • Criteria.
  • Parental orders.
  • COVID-19 and international surrogacy.
  • Caselaw update.

Surrogacy arrangements date back to biblical times but gained real potential after 1978 when the first baby was conceived via IVF. This innovation pioneered further medical advances in the field of childbirth. In 1982, the first baby was born via egg donation and the first gestational surrogacy was achieved in 1985, with no genetic link between birth mother and baby. However, surrogacy gained bad press early on following the controversial surrogacy case of ‘Baby M’ in the US in the mid-1980s. This was a case where the surrogate had a biological link to the baby and refused to relinquish her parenthood following the birth. A two-year custody battle ensued with the intended parents being granted custody and the surrogate having visitation rights. This is, fortunately, a rare occurrence.

The growth of surrogacy arrangements has increased dramatically over recent years, with the oldest

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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