The case involved a surrogacy whereby the mother of a single male agreed to be the surrogate for his child. Whilst there was unilateral agreement on the best course of action for the child, Mrs Justice Theis DBE commented that “The arrangement the parties entered into is not one, as far as I am aware, that either this court or the clinic has previously encountered” and it was for this reason that she gave the judgement. It was also made clear that were it not for the “close familial relationship” between the parties “their actions would have breached these important statutory provisions and potentially left them liable to a criminal prosecution”.
Mrs Justice Theis DBE further commented that that it is “… imperative that single parents contemplating parenthood through surrogacy obtain comprehensive legal advice as to how to proceed as adoption is the only means to ensure that they are the only legal parents of their child. The process under which they can achieve this is a legal minefield, they need to ensure that all the appropriate steps are undertaken to secure lifelong legal security regarding their status with the child.”