The perils of DIY surrogacy for ‘parents’

By Jane Williams

In the recent case of JP v (1) LP (2) SP (3) CP (A child by his guardian) (2014), Mrs Justice Eleanor King warned of the dangers of informal surrogacy arrangements outside regulated fertility clinics, when an intended mother was left with no parental rights.

‘The facts of this case stand as a valuable cautionary tale of the serious legal and practical difficulties that can arise where men or women, desperate for a child of their own, enter into informal surrogacy arrangements, often in the absence of any counselling or any specialist legal advice.’

The intended mother, JP, unable to conceive naturally following an earlier hysterectomy, arranged for a close friend (SP) to be artificially inseminated at home with her husband’s (LP’s) sperm. When SP became pregnant, all three parties agreed that the birth would take place at the Leicester Royal Infirmary. When the hospital became aware that the birth mother was a surrogate, staff asked the parties to enter into a surrogacy agreement and provide the hospital with a copy. The parties agreed and an agreement was drawn up…

Click on the link below to read the rest of the Mills & Reeve briefing.

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