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Medical LawText, Cases, and Materials

Medical Law: Text, Cases, and Materials (6th edn)

Emily Jackson
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date: 30 March 2023

p. 89216. Surrogacylocked

p. 89216. Surrogacylocked

  • Emily JacksonEmily JacksonProfessor of Law, London School of Economics


This chapter first discusses the legitimacy of surrogacy, and the particular issues raised by cross-border surrogacy arrangements. It then turns to the regulation of surrogacy in the UK. Although commercial involvement in surrogacy is prohibited, the court has a wide discretion retrospectively to authorize payments to surrogates. In addition, the courts have adopted a flexible approach to some of the other criteria for the making of parental orders. Finally, it evaluates the Law Commissions’ proposed reforms.

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