High Court rules that UK gestational surrogate can keep the baby – where did it go wrong?

A UK surrogacy arrangement went badly wrong in 2016, resulting in High Court judge Ms Justice Russell ruling that a baby boy should remain living with the gestational surrogate who carried him.  Such cases are incredibly rare in UK surrogacy, although they represent the worst fear of many intended parents considering surrogacy in the UK. You can read more about the case here: Re Z (2016) on the NGA Law blog.

What went wrong in this surrogacy case?

It is a sad tale bringing to light a surrogacy match made on Facebook, an ill-considered surrogacy agreement signed at a motorway service station between people who had just met, a vulnerable young surrogate with learning difficulties, a deception about a miscarriage which never happened, and a baby not handed over.  As the judge said: ““This unregulated form of surrogacy means that there are on the one side vulnerable surrogates, and on the other commissioning parents who are legally unprotected from unpredictable outcomes“.

The case highlights the risks for everyone where informal surrogacy arrangements are made without strong foundations. The essentials of all surrogacy arrangements are ensuring that everyone is well-informed and confident about what is involved; that everyone is completely supported and have guidance from those around them and there are organisations that exist to help them avoid these kinds of pitfalls. Guidance is available through counsellors, legal advice, medical advice, back ground checks and ongoing discussions between everyone as well as having the expert support of organisations like Brilliant Beginnings.

How we avoid surrogacy disputes at Brilliant Beginnings

Having strong foundations of trust and open communication is paramount and key to the way Brilliant Beginnings works.  We match on a personal basis so surrogates and intended parents form a strong relationship based on honesty, friendship, mutual trust and open communication, providing a solid bedrock for their journey. We have an extensive education, preparation and screening programme for surrogates designed to ensure they are fully informed and prepared for the journey – something which clearly did not happen in this case. We also match incredibly carefully, connecting people who have similar views on the important aspects of surrogacy to create a solid foundation. And we offer professional support all the way through the surrogacy process, from helping to work out logistics for treatment to providing emotional support and regular check ins to make sure that the relationship stays stable and on track.

How risky is UK surrogacy?

Disputed UK surrogacy cases are incredibly rare.  There have been only a small handful of other disputed surrogacy cases in UK legal history, and the overwhelming majority of arrangements (including independent surrogacies) are positive stories of fulfilment for all.  At Brilliant Beginnings we understand the worry intended parents and surrogates have about the lack of legal security, and we do all we can to underpin the process with confidence and security. This case is a rare exception but sadly underlines the tragedy of what can happen with lack of preparation and a cohesive relationship.