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10 February 2011 / Jonathan Herring
Issue: 7452 / Categories: Features , Child law , Family
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Whose baby is it anyway?

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Jonathan Herring reports on surrogacy dilemmas

Many people rejoiced with Elton John and David Furnish at the birth of their child on 25 December 2010. The child was born as a result of a surrogacy arrangement, which succeeded. Sadly, it is not always such plain sailing for commissioning parents. A surrogate mother gives birth, but refuses to hand over the baby to the commissioning couple. What should happen? Many an hour has been spent by law students considering such a dilemma, many a month by some law professors!

In essence that was the issue in Re T (a child) (surrogacy: residence) [2011] EWHC 33 (Fam), [2011] All ER (D) 171 (Jan). Mr Justice Baker opened his judgment by noting the grave dangers of entering a surrogacy arrangement. The “natural process of carrying and giving birth to a baby creates an attachment which may be so strong that the surrogate mother finds herself unable to give up the child. Such cases call for careful and sensitive handling by the law”.

A lukewarm

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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