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Surrogacy Law Assignment Sample

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Surrogacy Law Assignment Sample

Introduction

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The Commission regarding the loss of Scotland and Wales and the English Law Commission are presently in the process of reviewing the legislation regarding the UK's surrogacy. It is found to arrive after various years of reform campaigning by the United Kingdom's Agency of Surrogacy. According to the act of surrogacy arrangement of the year, 1985 the majority of legislation regarding surrogacy in the United Kingdom is currently around 30 years old (Horsey 2019). Further during that period, there was a huge advancement in the respective technology and the perception of the public regarding the given practice which are still controversial (Samuels 2020). Surrogacy is noted to become a very popular part of initiating a family regarding various individuals residing in the Westworld world, along with an estimate by NHS that each 1 out of 7 couples in the United Kingdom has problems regarding the traditional method of conceiving. Instead of largely popular practice, the United Kingdom's surrogacy law makes this a little slower, the very little streamlined processor in comparison to the various Westward nations such as Canada and some specific states in the United States like California. However, there remains very little question regarding the traditional law of the United Kingdom as the current realization of Scottish Wales and the English commission of law. However, it is still not very clear to visualize the exact extent of the law in context to their transformation specifically regarding commercially performed surrogacy (Horsey 2019).

Discussion

The practice regarding wearing a child by women for other couples for raising dates ancient period, in respect to a form of arrangement recording surrogacy even from the record of the Bible. But in the current period because of a large acceptance of society regarding the types of couples who are perhaps seeking surrogacy for example couples of the same sexes or infertile couples, along with various celebrities of high profile like Tom Daley, Kim Kardashian, Kanye West, Cristiano Ronaldo and Elton John all are noted to have a child by the process of surrogacy (Samuels 2020). In Western countries, the given practice is not taboo and is broadly accepted as a legitimate method of starting a family. The process of surrogacy now becoming a very famous alternative for those couples who are struggling in context to the traditional method of conceiving. In Britain, there is an estimation of approximately 400 or more children who were born by the method of surrogacy in the year 2016 (Samuels 2020).

History of surrogacy law

However, the law that regulates surrogacy in the United Kingdom was created at a different time. The act of surrogacy arrangement of the year 1985 was found to be passed only seven years later to the birth of the initial test tube baby in the written name Louis Brown in 1978. It was considered to be the period when alternative means of conception were not such mainstream as these are found to be in current times, the topic regarding infertility was supposed to be taboo and the method of surrogacy was not much popularised by the public in Britain (Walmsley 2019). In addition to this, the act of surrogacy arrangement was passed to respond to the scandal of baby cotton in the year 1984 in which cotton was noted to be in a legitimate mind field along with the frenzy of the black list regarding media letters to the acceptance of 6500-pound sterling for bearing a child in respect to any anonymous couple in America and hands it became the initial surrogate that is officially paid in Britain (Walmsley 2019).

The present legislation

Within the act of surrogacy arrangement of the year 1985, instead of being legitimate in the United Kingdom, surrogacy on a commercial basis is considered illegal; the Maher payments permitted for being made to watch the surrogate are considerable expenses indicating a compensation in respect to the expense which might arise in the form of a direct outcome of pregnancy in the form of compensation in respect to the mist time during work, pharmaceutical bills, etc (Hodson et al., 2019). The advertising of surrogacy is further legal until it is performed on behalf of any non-profit making organization. During the birth of a child, the surrogate mother is considered the mother of the child and the birth certificate of the child would also contain the name of the surrogate mother (Hodson et al., 2019). In case she is found to be married the name of the spouse will also be listed in the form of a second parent until it is not permitted. The parenthood could be transferred to the intended parents by means of a parental order. Any amendment brought in section 36 of the Act of Human Fertilization and Embryology of the year 1990 indicates that the arrangement of surrogacy is not enforceable by the law that provides the surrogate and authority to fight to remain a legitimate parent of the child in case she probably changed her mindset after the birth of the child (Hodson et al., 2019). The parents of the born child by the means of overseas surrogacy are not supposed to be recognized as the legitimate parents of the child in the United Kingdom, even in case their names are present in the region's birth certificate. In the United Kingdom, this circuit is also considered as the mother of the child along with the responsibility of the intended parent to apply for the parental order prior to deviant being capable of legally bringing the child to their home until the surrogate gives the consent (Goold 2021).

The issue with the surrogacy law

Initially, the main issue with the present legislature is a method of handling the parenthood transference. Within the act of human fertilization and embryology of the year 2008, in section 33(1), the men who carry or carried a child as an outcome of placing of eggs or sperms or an embryo in her, along with none of the other women being treated as the mother of that child if containing that the Child takes birth by the assisted method of reproduction. Hence the intended parents are not capable of being considered as the parents of a segregated child directly (Goold 2021). But in some places like these states of the UK that are quite friendly in context to surrogacy such as Illinois and California, the post, as well as prenatal arrangements code, be done for transferring the parenthood to watch the intended parents which makes the processor quite smoother as well as faster in comparison of utilizing the parental order in United kingdom. The parental orders could take around 6 months to go through and in this period, the child born through surrogacy is found to be left in the form of Limbo, with the legitimate parents waiting to give away a as well as the genetic parents not recognized as the true parents according to the law (Poole et al., 2019).

The parental order could not be created in the United Kingdom before 6 weeks once applied after the birth of a child because these could not be created without obtaining consent from the surrogate that could be recognized invalid in case it is provided at any time till 6 weeks after the child's birth (Poole et al., 2019). The child is required to be residing with intended parents only e during the application and creation of the parental order which could lead to complications in case intended parents are found to be segregated during or before the proceedings of a parental order. It could further create issues regarding foreign surrogacy much more complex (Poole et al., 2019). Within the law of the United Kingdom, the surrogate parent of a child is known to be their legitimate parents even in case the original certificate is noted to bear the names of intended parents which indicates that the intended parents are required to further procure the parental order in United kingdom and because of a law period of waiting for this process to happen, could create and additional burden on intended parents which might make the living condition of a child quite uncertain (Poole et al., 2019). In addition to this in case, the birth of the child happens by sexual intercourse rather than the artificial means of insemination the intended parents are not capable of applying for the parental order. In these circumstances, they might have no options, other than assuming a legitimate parent hurts by the means of adoption which is a very long and drawn-out procedure (Morrell et al., 2018).

New proposals by the commissions formed

Some categories as proposed by the law commission are given below -

  • Earning loss
  • Welfare entitlement laws (Morrell et al., 2018)
  • Important pregnancy costs
  • Supplementary pregnancy costs
  • The costs related to surrogate pregnancy
  • Compensation for inconvenience and pain
  • Complications during treatment or surrogate's death (Morrell et al., 2018)

The flat fee to be a surrogate, that is objecting to the negotiation between two given parties or subjecting to a set of the cab by the negotiator

Remittances or the gifts required to be paid

However there remains certainly an overlapping degree between the two given categories, them they are capable of effectively covering the probable inspirations to pay a surrogate, however, the category of gift, specifically offers a potential to exploit, the law is required to bring clarity that the gifts should be of little monetary value and primarily having sentiment in this context (Horsey 2018). A method is further proposed by the law commission for making foreign surrogacy a quite active option. However, they quite appropriately consider the huge skill of reform to the law of nationality in context to the only purpose to facilitate and necessary surrogacy, they are noted to propose that transformation of the regulations in context to always treating women who gave birth to a child as the mother of the child good permit the intended parents for being recognized as the legitimate parent of the child that will make the processor award citizenship and bring the child at homes by the means of overseas surrogacy not largely arduous in comparison to what it was when the child is found to be borne by traditional methods (Horsey 2018).

Extensive work is performed by the law commission with respectable authority on the given issue along with drawing inspiration from the positive instances of properly functioning laws of surrogacy in areas like California, Canada, and Ontario (Toomey 2021). Proposals regarding reforms that arise from the given consultation are quite expensive and are required to be very effective. These transformations are quite drastic along with remaining to view the method of appropriate regulations for surrogacy within the newly proposed system however the given changes are not represented to be very well planned which requires an elongated and overdue updating in context to the law of surrogacy in the united kingdom providing a cause for being optimistic to both of the intended as well as a surrogate parent in the upcoming years for being largely free for focusing on the happy parent's pairing for a child, not troubled by any form of anxiety created by legitimate uncertainty (Toomey 2021).

There remain almost none of the queries regarding the law of the United Kingdom being outdated similar to the English Law Commission (López et al., 2021). It is already realized by Scotland and Wales but remains unclear for accurate visualization of the extent of the law that requires transformation, particularly with respect to surrogacy in commercial terms. These are quite contentious matters that will be discussed afterwards in the given article but initially, there is a provision for surrogacy practices along with the scale of their appeal for couples in the United Kingdom (López et al., 2021).

In a large number of cases, it happens due to the incapability of an individual to carry out pregnancy on their own because of some health issues or due to being men of similar sex relationships. Because is very usual it is stated by the experts in context to the law of the United Kingdom regarding surrogacy in areas from 1985 is quite outdated along with leaving both of the intended parents as well as the surrogate parents vulnerable.

Orders by the state laws in the UK

As stated by the law it is considered to be the legitimate mother after giving birth to the child regardless of any creation of contract or genetics.

The parental order is required to be e created for transferring the legitimate parentage towards the biological or intended parents. However, it is not legal to advertise with respect to a surrogate - which means that the intended parents usually struggle to find a suitable match until it is offered by the friends of the family.

Recommendations

It is required by the prevailing law that at least a single one from the intended parent is required to be genetically associated with the child. This indicates that gestational surrogacy is not permitted where both the sperm as well as the egg are found to be donated by another party, however, both justice null and traditional surrogacy are considered to be permissible in other words those couples, as well as single intended parents who have a deficiency of functional gametes, are not capable of using surrogacy (Toomey 2021). There are some points that are recommended for the present law regarding surrogacy in the United Kingdom As given below -

1. altruistic surrogacy is the principle that is operational in the United Kingdom and requires to be secured as a reflection that surrogacy is a relationship rather than a transaction.
2. There is required to be a pre-authorization in context to parental order such that legitimate parenthood could be conferred on the intending parents during the birth of the child.
3. Registry is required to be performed by intending parents after the birth.
4. The option of a parental order is required to be available for the IPs in which none of the partners are found to utilize their gamete usually considered as a double donation (Toomey 2021).
5. The time restriction regarding the application for the parental order is needed to be eliminated.
6. The data regarding the birds by surrogacy or parental order is required to be transparently as well as centrally gathered and requires publication on an annual basis.
7. The cycle of IVF surrogacy as well as birth are required to be appropriately recorded by the clinics of fertility and the HFEA or human fertilization and embryology authority.
8. Funding in context to NHS as required to be made for all of the surrogacy regarding IVF as per the guidelines of NICE.
9. The regulation regarding the advertisement of surrogacy as well as their criminalization are required to be properly reviewed with respect to the organizations that do not make a profit.
10. The government should also take appropriate action in this context by including the curriculum of the SRE or sex and relationship education in classrooms to spread awareness regarding the family options for partners of the same sex or (in)fertility etc.

Conclusion

Lastly, the payments concerning the current law are quite vague. The court is not capable of issuing parental orders in case it finds that the payment made to the surrogate is larger than the reasonable expenses incurred throughout the process (Morrell et al., 2018). However, by this time the judgment is made by the court, and the child is found to be already born along with usually being under the care of intended parents. It is never considered to be in the interest of the child for any Court to explore the matter regarding payment more carefully (Morrell et al., 2018). It is not defined by the law in context to reasonable expense in curing throughout the process and it is reported by the commission of law that the courts usually approve payments far beyond the ordinary expenses being incurred, especially concerning the offshore arrangement of surrogacy which is very expensive (Morrell et al., 2018).

References

Goold, I., 2021. Recognizing What is Lost in Reproductive Harms: Whittington Hospital NHS Trust v XX. The Modern Law Review.
Hodson, N., Townley, L. and Earp, B.D., 2019. Removing harmful options: the law and ethics of international commercial surrogacy. Medical law review, 27(4), pp.597-622.
Horsey, K., 2018. Surrogacy in the UK: further evidence for reform: Second Report of the Surrogacy UK Working Group on Surrogacy Law Reform.
Horsey, K., 2019. How Can a Reformed Surrogacy Law Reflect Pragmatism and Respect Ethics? Philosophical Foundations of Medical Law, p.253.
López, A., Betancourt, M., Casas, E., Retana-Márquez, S., Juárez-Rojas, L. and Casillas, F., 2021. The need for regulation in the practice of human-assisted reproduction in Mexico. An overview of the regulations in the rest of the world. Reproductive Health, 18(1), pp.1-14.
Morrell, L., Wordsworth, S., Schuh, A., Middleton, M.R., Rees, S., and Barker, R.W., 2018. Will the reformed Cancer Drugs Fund address the most common types of uncertainty? An analysis of NICE cancer drug appraisals. BMC health services research, 18(1), pp.1-9.
Poole, A., Pearman, H., Pook, E., Qokthi, G., and Rushworth, J., 2019. The Surrogacy Arrangements Act 1985. The Student Journal of Professional Practice and Academic Research, 1(1), pp.58-64.
Samuels, A., 2020. Surrogacy and the law: Possible reforms. Medico-Legal Journal, 88(3), pp.144-147.
Toomey, J., 2021. Understanding the Perspectives of Seniors on Dementia and Decision-Making. AJOB Empirical Bioethics, 12(2), pp.101-112.
Walmsley, E., 2019. Reforming UK Surrogacy Law: Bridging the Gap Between Regulation and Practice. The University of Liverpool (United Kingdom).

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