Keywords: Surrogacy – international surrogacy – parental orders
This commentary presents an overview of the recent English case-law on recognition and
regulation of surrogacy, particularly as it relates to the issue of international surrogacy
arrangements. It demonstrates that when deciding whether to authorise a surrogacy arrangement,
there is often a conflict between the enforcement of statutory provisions, and the welfare
of the child who will bear the burden of any refusal to grant a parental order. As a result, courts
have been forced to interpret the legislation in an innovative manner in order to achieve justice
for the child.