Surrogacy in the United Kingdom: an inappropriate use of the welfare principle

Research output: Chapter in Book/Report/Conference proceedingChapter


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.
Original languageEnglish
Title of host publicationImplementing Article 3 of the United Nations Convention on the Rights of the Child
Subtitle of host publicationBest Interests, Welfare and Well-being
EditorsElaine E. Sutherland, Lesley-Anne Barnes Macfarlane
Place of PublicationCambridge
PublisherCambridge University Press
Number of pages15
ISBN (Print)9781107158252
Publication statusPublished - 2016


  • surrogacy
  • welfare
  • parental orders
  • adoption
  • statutory time limits

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