Could the welfare of the child demand an upper age limit of intended parents in surrogacy arrangements? Considerations from Re Z (Unlawful Foreign Surrogacy: Adoption) and Mr K & Anor v Mr Z & Anor

Park-Morton, Lottie ORCID logoORCID: https://orcid.org/0000-0003-3864-7611 (2025) Could the welfare of the child demand an upper age limit of intended parents in surrogacy arrangements? Considerations from Re Z (Unlawful Foreign Surrogacy: Adoption) and Mr K & Anor v Mr Z & Anor. Medical Law International. doi:10.1177/09685332251362403 (In Press)

[thumbnail of 15199 Park-Morton, Lottie (2025) Could the welfare of the child demand an upper age limit of intended parents in surrogacy arrangements.pdf] Text
15199 Park-Morton, Lottie (2025) Could the welfare of the child demand an upper age limit of intended parents in surrogacy arrangements.pdf - Accepted Version
Restricted to Repository staff only

Download (299kB)

Abstract

Recent cases, Re Z (Unlawful Foreign Surrogacy: Adoption) and Mr K & Anor v Mr Z & Anor, highlight the potential impact of intended parents’ age on judicial decisions regarding parenthood following surrogacy. Intended parents may establish legal parenthood through a parental order or an adoption order, neither of which imposes an upper age limit. When deciding whether to grant such orders, the courts are under a statutory obligation to have the child’s welfare as the paramount consideration. This commentary examines whether, in light of these cases, the child’s welfare could demand an upper age limit on intended parents. By analysing age-based restrictions in other parenting contexts and the Law Commissions’ recommendations on surrogacy law, it argues that a strict upper age limit would be inappropriate. However, greater recognition of age as a relevant welfare consideration is necessary in judicial decision-making.

Item Type: Article
Article Type: Article
Uncontrolled Keywords: Surrogacy; Parenthood; Welfare; Parental orders; Age
Related URLs:
Subjects: H Social Sciences > H Social Sciences (General)
J Political Science > JX International law
K Law > K Law (General) > K520 Comparative law > K1700 Social legislation
K Law > K Law (General) > K520 Comparative law > K3601 Medical law
Divisions: Schools and Research Institutes > School of Business, Computing and Social Sciences
Depositing User: Kamila Niekoraniec
Date Deposited: 30 Jul 2025 11:27
Last Modified: 30 Jul 2025 13:00
URI: https://eprints.glos.ac.uk/id/eprint/15199

University Staff: Request a correction | Repository Editors: Update this record

University Of Gloucestershire

Bookmark and Share

Find Us On Social Media:

Social Media Icons Facebook Twitter YouTube Pinterest Linkedin

Other University Web Sites

University of Gloucestershire, The Park, Cheltenham, Gloucestershire, GL50 2RH. Telephone +44 (0)844 8010001.