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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

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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