In a landmark decision, the High Court in the UK has ruled that it is discriminatory to prevent single men or women from becoming the parents of babies born to surrogate mothers. The government will probably have to update its legislation to make it compatible with the ruling.
Until now, only couples in a stable relationship could become parents of a child born to a surrogate mother. Single people could adopt children, but they were not automatically entitled to be regarded as a parent if their child was born to a surrogate.
In this case an unnamed man used his sperm, a donor egg and a surrogate mother in Minnesota to create a child, who is called “Z” in court documents. But when he brought the baby back to the UK, he was not regarded as a parent, but rather the surrogate mother. (Ironically, in the US, the surrogate mother has no legal status.) So Z was made a ward of the court, with custody awarded to his father, a situation which will now change.
The solicitor for Z’s father, Natalie Gamble, commented: “The UK has a proud tradition of taking a progressive approach to assisted reproduction and non-traditional families, and the current surrogacy laws are a glaring anomaly which fail to uphold our most fundamental values of safeguarding children’s welfare.”
The government did not contest Z’s father’s case and admitted to the court that the law had breached human rights legislation, was discriminatory against single parents and needed to be changed.
The decision was severely criticised by people who interpreted it as an attack on the traditional family.
The views, opinions and positions expressed by these authors and blogs are theirs and do not necessarily represent that of the Bioethics Research Library and Kennedy Institute of Ethics or Georgetown University.