A High Court judge in the UK has ruled that twins born to a woman who was acting as a surrogate for an American couple can stay in the UK. The woman, who has not been named, has no biological connection to the children, but has won the first stage in a legal battle to keep them.
The woman went to California to enter into a surrogacy arrangement as she wanted to help a childless couple and Californian law allows payments for surrogates. She was introduced to the couple, and agreed to be implanted with embryos created using donor eggs and the sperm of the commissioning father. The couple agreed to pay all her expenses and the child would be born in California, immediately becoming part of their family.
The High Court heard that the arrangement started to go wrong when the surrogate found she was pregnant with twins and there was talk of selective fetal reduction, which she refused. The woman alleged that the couple threatened not to pay her unless she agreed to the procedure. It was at this point that she changed her mind about the arrangement and resolved to keep the twins.
The American couple applied to the court for a declaration that the case was one of international abduction. They argued that as the biological father was habitually resident in California, the twins were too. Mr Justice Hedley was not convinced by the argument and ruled that under British law, the surrogate was the mother and the only person who had parental responsibility. It is likely that the American couple will appeal the ruling, or seek the return of the children using a different legal argument.
Sources and References
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Surrogate twins 'to stay in Britain'
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Surrogate mother wins legal fight to keep twins
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Surrogate twins can stay in UK
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