Judges make surrogacy enforcible
When Parliament agreed the Human Fertilisation Embryology Act in 1990 it decided that surrogacy agreements were not enforcible - whether that is right or not I am not commenting.36 Amendment of Surrogacy Arrangements Act 1985(1) After section 1 of the [1985 c. 49.] Surrogacy Arrangements Act 1985 there is inserted—
“1A Surrogacy arrangements unenforceable
No surrogacy arrangement is enforceable by or against any of the persons making it.”
The Court of Appeal - however (see link), has just decided that it is acceptable to enforce a surrogacy agreement even though the child has been with its birth mother for 18 months. The issue that concerns me here is the constitutional issue. Parliament decided that surrogacy agreements are unenforcible, but one has just been enforced.
There is also this in the judgment:Dr Arsen had been instructed by the guardian ad litem, and the guardian ad litem fully supported Dr Arsen's conclusions, as well as expressing her independent expert view that, of the two options that the judge surveyed, the better for N was the future offered by the J's.