Best interests and identity: A critical analysis of the extent to which the law on surrogacy guarantees the rights of the child

Park-Morton, Charlotte 2024. Best interests and identity: A critical analysis of the extent to which the law on surrogacy guarantees the rights of the child. PhD Thesis, Cardiff University. Item availability restricted.

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Abstract

Using the United Nations Convention on the Rights of the Child (UNCRC) and European Convention on Human Rights (ECHR) as a framework, this thesis analyses the law relating to surrogacy in England and Wales from a best interests and identity perspective in order to inform potential law reform. The child’s right to have their best interests as a primary consideration is examined both as a rule of procedure, in relation to the passing of the current legislation, and a substantive legal right, in the context of s 54 parental orders. Two distinct aspects of the child’s right to preserve their identity are examined: the right to access information relating to the nature of their birth and biological origins, and the right to have their relationship with the intended parents legally recognised. To inform this analysis, the thesis adopts a comparative approach, reflecting on the legal frameworks in both Sweden, a country which prohibits domestic surrogacy, and California, a state which permits enforceable gestational surrogacy contracts. Although the thesis concludes that neither approach would be more rights protective than the current law in England and Wales, insights from these jurisdictions demonstrate that certain aspects of the legislative framework could be reformed to remove the current tension between the legislation and both the best interests and identity of the child. This thesis concludes that the current law on surrogacy could better satisfy the rights of surrogate-born children and puts forward suggestions to be addressed during the law reform process, reflecting on the Law Commission of England and Wales and Scottish Law Commissions’ recommendations for reform.

Item Type:	Thesis (PhD)
Date Type:	Completion
Status:	Unpublished
Schools:	Law
Subjects:	K Law > K Law (General)
Uncontrolled Keywords:	Surrogacy; children’s rights; best interests; identity; human rights
Date of First Compliant Deposit:	23 January 2025
Last Modified:	23 Jan 2025 14:45
URI:	https://orca.cardiff.ac.uk/id/eprint/175539

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