Surrogacy, egg donation and assisted reproduction: payments and the conflict of law and policy

Louisa Ghevaert Partner Porter Dodson LLP

Ruth Cabeza Barrister Field Court Chambers

Re C [2013] EWHC 2408 (Fam) concerned a commercial US (Californian) surrogacy arrangement and a subsequent parental order application by British intended parents. The case represents a sophisticated response to evolving and conflicting cross-border law and policy and strikes a careful balance between the interests of intended parents the surrogate the child the surrogacy agency the clinician and the egg donor.In this case the English court redefined and clarified its approach to international surrogacy egg donation and assisted reproduction.  The court made clear that it will robustly scrutinise and investigate all aspects of the surrogacy arrangement to ensure there has been no abuse of public policy and it highlights the importance of transparency and detailed disclosure.

Re C marks the authorization by the English court of one of the highest amounts ever paid to a surrogate mother. The court carefully revisited the parameters for retrospectively...

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