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Surrogate mother loses court battle to keep child

[BioNews, London] The English Court of Appeal ruled last Thursday that a mother must uphold her surrogacy agreement and hand over a 17 month-old baby boy to his biological father. Although the boy has lived with his surrogate mother since birth, the Court has granted permission for the boy's biological father and his wife to collect the child from his surrogate mother's residence in Bristol and bring him up as their own at their home in Leeds.

The father's decision to take legal proceedings against the surrogate mother originated when she refused to relinquish the child, despite agreeing to act as a surrogate mother for him and his wife in 2005.

The three Court of Appeal Judges, Lord Justice Thorpe, Lord Justice Lloyd and Lord Justice Toulson, heard that Mrs P, the surrogate mother, had deceived the couple, contriving to keep the child herself. They thereby ruled that custody should be granted to the child's biological father and his wife, on the grounds that they would make better parents.

The Bristol County Court also ruled, in a pervious hearing held earlier this month, that Mrs P should honour her agreement to surrogacy. The court is reported to have had found that Mrs P was driven by 'a compulsive desire to bear further children', despite having a husband and several children of her own, and granted custody to the child's biological father. The child, however, continued to remain with Mrs P, pending the appeal hearing.

The Court of Appeal's final judgement last Thursday marks the end of a 17 month legal battle, culminating with a mandate that the boy's natural father and his wife will now be escorted by court officials to collect the child and bring him to his new home in Leeds.

Reproduced with permission from BioNews, an email and online sources of news, information and comment on assisted reproduction and genetics.