Tragedy leads to surrogacy breakthrough

12 April 2012

The rights of surrogate parents have been strengthened after the tragic death of a father just months after the birth of his longed-for baby born in India under a surrogacy deal.

The boy, still under two, was left in legal limbo by his father's death, and was being cared for by a British mother to whom he may not be biologically related.

The "extremely rare" situation effectively left him without a parent because, under English law, surrogate mothers and fathers are generally only granted parental rights if they are in "an enduring relationship".

However, the judge made an exception when she said it would be a violation of the boy's human rights to deny him "the social and emotional benefits" of legal recognition as the son of a British mother.

The boy was just eight months old when his father died from liver cancer. The married couple had by then applied for a "parental responsibility" order, but it was not granted before his death.

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