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Family Law

The leading authority on all aspects of family law

02 JUN 2011

SURROGACY: Re IJ [2011] EWHC 921 (Fam)

(Family Division; Hedley J; 19 April 2011)

The child was conceived in the Ukraine as result of fertilisation of egg from an anonymous donor by sperm from male applicants. The pregnancy was hosted by a married surrogate mother who had no genetic connection with the child. The legal parents of the child were therefore the Ukrainian couple under UK law, and the commissioning UK couple under Ukrainian law. This created problems obtaining entry clearance for the child. The Ukrainian surrogacy agency had given unduly simplistic advice.

A parental order was made pursuant to an overseas surrogacy arrangement. Caution against reliance on overseas agencies for advice.

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