Claims that title to land has been acquired by adverse possession are not easy to establish and can be resisted if it can be shown that the claimant has not been in possession of the land for the required period. Recently, a woman's claim to have acquired...
For those considering surrogacy, the prospect of becoming a parent brings hope, anticipation and questions about what lies ahead. Understanding the legal position is an essential part of preparing for that journey, particularly when arrangements involve more than one country.
A recent dispute in the United States illustrated how difficult matters can become when a surrogate and intended parents disagree. It also raised wider questions about how the law should protect everyone involved, especially the child.
McKenna West was acting as a surrogate for a Californian couple when a scan identified a serious heart condition in the baby. According to her court application, the intended parents asked her to terminate the pregnancy. She declined, fled to Texas (where abortion in almost all cases is illegal) and subsequently gave birth.
The disagreement developed into litigation over legal parenthood and the baby’s medical care. California is considered one of the friendliest states in its approach towards commercial surrogacy. Californian law allows intended parents to seek ‘Pre-Birth Order’ which names the intended parents on the birth certificate and grants them rights and responsibilities in respect of the child from the date of birth. Ms West challenged this order on the basis that the intended parents should not have custody (or any rights and responsibilities) of the baby as they had wanted to terminate the pregnancy and therefore could not be trusted to act in the baby’s best interests in relation to medical treatment. The intended parents, however, denied that they intended to refuse surgery after the birth.
On 22 September 2026, the Supreme Court refused to intervene and make the requested Order. Therefore, the baby is the child of the intended parents and will remain in their custody. The refusal should not, however, be read as a full determination of every issue raised by the dispute.
Behind the legal arguments is a deeply difficult situation involving a child with significant medical needs. It deserves a careful response, without assuming that the competing allegations tell the whole story.
This case underlines the importance of discussing difficult possibilities before a surrogacy arrangement begins.
What happens if a serious condition is identified during pregnancy? How will the surrogate and intended parents communicate if their views differ? What does the applicable law allow each person to decide?
These conversations may feel uncomfortable when everyone is focused on the prospect of a much-wanted child. Yet understanding one another’s expectations, and the limits of any agreement at the outset of the arrangement, is an important part of preparing responsibly.
Although this dispute arose within the United States, it offers a useful reminder for people considering international surrogacy: legal recognition in one country does not necessarily resolve the position in another.
Under UK law, Surrogacy agreements are unenforceable and the surrogate is the child’s legal mother at birth. An overseas court order or birth certificate naming the intended parents does not, by itself, settle legal parenthood under UK law. A UK parental order is needed to transfer parenthood from the surrogate and any other legal parent to the intended parent or parents. Eligibility requirements apply, so the appropriate legal route should be considered before the arrangement begins.
Taking independent legal advice in both the UK and the country where the arrangement will take place, before committing to it, helps identify these issues early.
The Law Commission of England and Wales and the Scottish Law Commission published proposals in 2023 for a new domestic surrogacy pathway. Subject to safeguards and the surrogate’s right to withdraw consent, this would allow intended parents to become legal parents from birth.
Those proposals have not yet become law and during a parliamentary debate in September 2026, the Government confirmed that it was not in a position to bring forward legislation immediately, citing limited parliamentary time.The need for reform remains - robust regulation is needed to provide all parties with certainty and protection.
Every route to parenthood is personal. If you are considering surrogacy, understanding the legal steps at the outset can help you make informed decisions and prepare for the challenges that may arise.
If you would like to discuss surrogacy in the UK or overseas, please contact me at Tanners. We can talk through your circumstances and the legal considerations relevant to your plans.