This chapter offers a critique of the approach of the English courts, exemplified in Re X (A Child) 2014, that applies the welfare test to the determination of all issues raised in applications for a parental order after surrogacy. It is argued that the welfare tets applies only once the application has been found to be competently made, and that the failure to recognise this risks subverting parliamentary intention as well as preferencing the needs of an individual child over the welfare of children in general.
|Title of host publication||Implementing Article 3 of the United Nations Convention on the Rights of the Child|
|Subtitle of host publication||Best Interests, Welfare and Well-being|
|Editors||Elaine E. Sutherland, Lesley-Anne Barnes Macfarlane|
|Place of Publication||Cambridge|
|Publisher||Cambridge University Press|
|Number of pages||15|
|Publication status||Published - 2016|
- parental orders
- statutory time limits
Norrie, K. (2016). Surrogacy in the United Kingdom: an inappropriate use of the welfare principle. In E. E. Sutherland, & L-A. Barnes Macfarlane (Eds.), Implementing Article 3 of the United Nations Convention on the Rights of the Child: Best Interests, Welfare and Well-being (pp. 165-179). Cambridge: Cambridge University Press.