UK Surrogacy: The Issue of Consent Following a Surrogate’s Traumatic Brain Injury Giving Birth
The case of R & Anor v A & Anor [2024] EWFC 341 involved a domestic (UK) surrogacy arrangement where intended parents sought a parental order without their surrogate's consent. Specifically, the English Family Court was asked to dispense with the surrogate's consent due to a lack of capacity following a traumatic brain injury giving birth. It serves as a sad example about some of the medical risks and complex legal issues that can arise during and after a surrogate pregnancy and birth and demonstrates the importance of legal safeguarding for all parties (surrogate, child and intended parents).
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