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Whose baby is it anyway?

10 February 2011 / Jonathan Herring
Issue: 7452 / Categories: Features , Child law , Family
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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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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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