Thu, 06 Mar 2014
Nassera Butt represented a local surrogate in partial surrogacy case in July 2013 before Mrs Justice King. The reported case tells of the caution to be applied where the parties have used ‘home’ insemination techniques not regulated by any licensed clinic and have not used specialist legal services for the surrogacy agreement.
The matter had been before the local DFJ in 2010/2011 and all parties including the Judge had omitted to recognise that the time for the parties to apply for a parental order (6 months) to extinguish the surrogates PR had expired. The case highlights the importance of family practitioners having an understanding of this area of law as although not routine it is no longer the exclusive province of lawyers specialising in reproduction and human embryology law. All the lawyers in the case had to agree an alternative legal remedy to allow the child’s psychological mother to have parental responsibility over that of the surrogate who was the birth, biological and legal mother and for the first time in this scenario the only answer was the use of Wardship to regulate the surrogates PR.
Please click here to read the article as reported in the Daily Mail
Please click here to view the Judgment.
Please click here to view Nassera Butt's profile