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Surrogacy - Evolution and Direction - Case Study Example

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This paper "Surrogacy - Evolution and Direction" focuses on the fact that surrogacy is defined as ‘A woman who carries a child in pursuance of an arrangement: Made before she began to carry the child and Made with a view to any child carried in pursuance of it being handed over to…
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Surrogacy - Evolution and Direction
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Download file to see previous pages The legal rights and obligations in respect of surrogacy and the surrogate mother are regulated by both the Surrogacy Arrangements Act 1985 and the Human Fertilisation and Embryology Act 1990. These statutory provisions operate within strict definitions and applications and while prohibiting the commercial advertisement of surrogacy as a profitable venture the law makes allowances for the reasonable expenses in respect of the surrogate from the intended parents. When an account is taken of the legal role of the surrogate mother, the gravity of the sacrifice involved reasonable expenses does not respect just compensation for her troubles. This paper examines the role and obligations of the surrogate mother with a view to providing justification for the contention that the law ought to be expanded to allow for expenses over and above her actual expenses. Moreover, the remit of the Human Fertilisation and Embryology Authority should be expended to regulate the practice of surrogacy.
The Human Fertilization and Embryology Act 1990 makes provision for, the Human Fertilization and Embryology Authority, which is a licensing authority that regulates research and treatment in human infertility and embryology.3 The act also makes it possible for the regularizing and controlling of surrogacy by bringing the medical aspects of surrogacy within its domain. 4
By virtue of Section 27 of the Human Fertilisation and Embryology Act 1990 the legal mother is at all times the surrogate mother and must assume legal responsibility for the child up until the child is lawfully adopted by the intended parents.5 The Human Fertilisation and Embryology Act 1990 was amended in 1994 to add Section 30 which permits the court to make a Parental Order which effectively confers legal status on the intended parents.6 Before making such an order that courts must be satisfied that:-
Moreover, prior to the hearing, an application for the making of a Parental Order a guardian ad litem is appointed for the purpose of reviewing the application and investigating the parties to the surrogacy and the application for the Parental Order.     ...Download file to see next pagesRead More
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