An arrangement whereby a woman carried her adult son’s child as a surrogate mother was “entirely lawful,” a High Court Judge has ruled.
Mrs Justice Theis heard evidence that the man, who is in his mid-twenties, lived alone and wanted to become a parent ‘for some considerable time.’ His mother agreed to carry a donor egg which had been fertilised using his sperm after plans for another female relative to carry the IVF child fell through.
The man, who said he approached specialist lawyers before embarking on the ‘process of becoming a father’, had looked after the child - who is now seven months old - since birth.
Adoption order
Mrs Justice Theis said that the arrangement - though “unusual” - was “entirely lawful” and had been carried out after ‘careful consideration.’ She ruled that the man could now adopt the baby - despite rules stating that a surrogate mother must hand a child over to two parents.
“The arrangement the parties entered into is not one, as far as I am aware, that either this court or the clinic has previously encountered and although highly unusual, is entirely lawful under the relevant statutory provisions,” she said.
“All the reports describe [the man’s] care of [the baby] as being to a high standard . . . He waited until his circumstances were settled in terms of a job and home to enable him to provide the care a child would need.”
The Judge argued that the adoption order would not be in breach of the law as the baby and his father were already related as brothers.
"The strength of these familial relationships, and the consequent support they provide now and in the future, will ensure the child’s lifelong needs are met," she added.
Abuse
However, critics have raised concerns over the ruling, calling for an urgent review of the law to prevent abuse of fertility procedures in the future.
Patricia Morgan, a leading researcher on family policy, said: "This child will have so much confusion in its background. The evidence suggests that the further we move away from two biological parents, the less good that is for the child.”
Jill Kirby, a broadcaster and writer on family issues, added: “The ethics in this case are very dubious indeed. If the HFEA considers this to be a legal procedure, there is an urgent need to look at the law again.”
Andrea Williams of Christian Concern said: “The judgment of the High Court is a hugely worrying development. The welfare of the baby should be the paramount consideration in any fertility procedure. This arrangement places the wishes of the father above the best interests of the child, who is likely to experience great distress and confusion as he comes to terms with the circumstances surrounding his birth.
“Family arrangements involving parents who are very closely related to each other have been long prohibited for good reason. Tougher measures are needed to ensure that arrangements that put the well-being of children at risk are not permitted simply because they are scientifically possible.”
Related Coverage:
Woman gave birth to her son’s baby (Times)
Woman gives birth to her own son's IVF baby: Now he wins right to adopt child who is his brother (Mail)