International surrogacy arrangement: is it recognised in Scotland?
23rd January 2017
The European Court of Human Rights issued judgment on the 19 January 2017 in the case of Laborie v France, in which the claimants successfully challenged the French courts’ refusal to recognise children born as a result of a foreign surrogacy arrangement (the judgement is in French). Surrogacy is illegal in France, and so it is not uncommon for intended parents to engage in surrogacy arrangements abroad. The French courts were once again condemned by Strasbourg for violating the right to respect for private life of the children concerned, following on from similar court actions brought against France in 2014 and 2016.
Such cases have not arisen in the context of Scots law due to the provisions of the Human Fertilisation and Embryology Act 2008, which allow those who commission surrogacy, either in the UK or abroad, to be legally recognised as parents of the child, provided that they apply for, and are granted, a ‘Parental Order’ by the court.
For more information or advice in relation to surrogacy arrangements please contact a member of our team. Enquiries in French should be directed to Stephanie Smith.
