Surrogacy, War

International surrogacy law: existing conflicts unresolved

Source Bio News UK

The current conflict in Ukraine has drawn into sharp focus the myriad of problems that international surrogacy can throw up. Very little looks certain for the children, surrogates, and intended parents affected by the conflict in Ukraine, other than the fact that difficult practical and legal questions will hang over these families for months and years to come.

Differences between jurisdictions in the laws surrounding surrogacy arrangements have caused problems for families for years, as the recent international surrogacy law case of Re X,Y and Z (Children: Parental Orders: Time Limit) [2022] demonstrates. The case, which straddled multiple jurisdictions – California and Oregon in the USA, Denmark, and the UK – clearly highlights the ongoing vulnerability of surrogate-born children with questions over their legal parentage. It also brings into close focus the need for law reform to stop more surrogate born children and their intended parents falling victim to complex international conflicts of law.

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