Seminar: Kenneth Norrie – Surrogacy and the distorting effect of child welfare on statutory interpretation

ABSTRACT:

The English courts have in the past year been faced with a number of applications for parental orders after surrogacy, which do not satisfy the conditions for the making of such an order laid down by section 54 of the Human Fertilisation and Embryology Act 2008.  These courts have nevertheless granted the applications, on the basis of the welfare of the child.  Professor Norrie is entirely unconvinced that the welfare of the child is a sufficiently strong basis to ignore clear and unambiguous statutory language.  Will the courts prove equally willing to ignore the similar conditions laid down in the adoption legislation?

Discussant: Martin Kelly