[UK] "High court put justice before statutory requirements in surrogacy case" by Joshua Rozenberg

Judges will seek to apply the law faithfully as laid down by parliament, the deputy president of the supreme court told me this week. Lady Hale, who was responding to my “what if?” question about the Human Rights Act for a special anniversary edition of BBC Radio 4’s Law in Action to be broadcast next week, was saying no more than any judge would. But what happens when a judge comes across a statutory requirement that would lead to an injustice? Can it simply be ignored?

The issue came up in a case decided last week. It was brought by a couple who wanted a surrogate child, presumably because they were unable to have one of their own. We know little about them except that they began legal proceedings in Birmingham.

In 2011, the Birmingham couple made a surrogacy agreement with a married couple in India. The Indian surrogate mother conceived using eggs donated by a third party and sperm from the Birmingham father.

A child was born in December 2011, the surrogate parents confirmed that they wanted to give up their parental rights and responsibilities, and the Birmingham couple brought the child to the UK on a British passport last year. He is well cared for and much loved.

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