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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
Starting a family can be a wonderful and emotional time for any family, but when parents have experienced fertility issues and their journey to parenthood has been longer and more difficult, this can leave people feeling sensitive and fragile. Many couples are turning to surrogacy to create their family and in some cases this follows years of trying to become pregnant. The decision to embark on surrogacy is a huge and important one and the surrogacy journey itself can also be stressful. Parents feel hopeful and anxious at many points, from starting a relationship with the surrogate to when embryos are created and transferred, when pregnancy tests are undertaken and when it comes to the birth and getting used to being parents. Having children brings fundamental changes to family life, which can at times put a strain on the relationship.
Whilst travelling in Sydney, I met Isabel Karpin and Michaela Stockey-Bridge of the University of Technology Sydney who, through Regulating Relations, are conducting the largest Australian research project of its kind: "Forming Families Inside and Outside of the Law".
A recent case before the court provides a timely reminder of the pitfalls and difficulties which can arise as a result of informal surrogacy arrangements.
The case of Re Z [2016] EWFC 34 involved a baby boy (Z) born as a result of an informal surrogacy arrangement. The commissioning parents, a male same sex couple made contact with the eventual surrogate, X, via a Facebook forum. The commissioning parents and potential surrogate met only once and it was at this meeting that they presented X with a typed commercial surrogacy agreement they had found on the internet.
Surrogacy lawyers were all waiting with baited breath for the decision in the recent Re Z (A child) 2016 EWHC 1191. In this case, a single father made an application for a declaration that the refusal to grant him a parental order was incompatible with the European Convention on Human Rights/the Human Rights Act.
I recently attended the conference "Surrogacy in the 21st Century: Rethinking assumptions, reforming law" organised by Dr Kirsty Horsey from the University of Kent. She has been part of a working group on surrogacy law reform, who published a report last November 2015 which sparked the ideas for the conference.
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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