Describe victims of the weaknesses in the surrogacy act 1985

Assignment Help Business Law and Ethics

Reference no: EM133665864

ASSESSMENT QUESTION

Keira and Jude have been married for five years. They both wanted children, but after suffering several miscarriages Keira was diagnosed with a medical condition which prevents her from continuing a pregnancy to full term. Eighteen months ago, Jude read an article online about Helena who has three children of her own and had acted as a surrogate for childless couples on two occasions. Both Keira and Jude saw this as a chance for them to become parents.

Keira and Jude made contact with Helena. They then met face to face and got on very well together. Subsequently, Keira and Jude entered into a surrogacy arrangement with Helena. Pursuant to the surrogacy arrangement, and with the consent of her husband, Sacha, Helena undertook assisted reproduction treatment at a licensed clinic in England using a donor egg and Jude's sperm.

As soon as Helena's pregnancy was confirmed, Keira and Jude paid her £5,000 for expenses in accordance with the surrogacy arrangement. A month ago, Helena asked for more money. When Keira and Jude refused to pay there was a terrible argument. Keira and Jude did not want to cause Helena further upset so close to the birth, so they did not continue with the argument. They just hoped that Helena would eventually calm down and that the surrogacy arrangement would proceed.

Last week Jude saw a post on social media announcing that Helena had given birth to Ewan. Jude immediately phoned Helena. Helena said that she had no intention of going through with the surrogacy arrangement. Jude pleaded with Helena to hand Ewan over and even offered to guarantee that the baby would always maintain a relationship with her and Sacha. Helena just laughed. She said that she and Sacha had already registered Ewan's birth, that he was their child and there was no way that she would ever allow Keira and Jude to have anything to do with Ewan. Helena then slammed the phone down.

Advise Keira and Jude as to:

who is/are Ewan's legal parent(s) and who has parental responsibility for him;
what court order(s) they could seek to ensure that Ewan has his home with them (you will need to address whether they can apply for such orders as of right or whether they will first need to obtain leave of the court to do so); and
whether they are likely to be successful in obtaining the relevant order(s).

Do you think that Keira and Jude could be accurately described as victims of the weaknesses in the Surrogacy Act 1985? Briefly explain your view.

Reference no: EM133665864

Questions Cloud

Pick one of the three movements : Pick one of the three movements in these week's chapter and expand for the class. Goals, motivation and/or historical context, etc... Ireland's IRA Basque

How did technology change the way people lived and worked? : How did technology change the way people lived and worked and Why did industrialization happen first in Britain, and what were the challenges to the spread

What is lewis assessment on the areas he discusses : In the reading of the Cultural Imperatives, Empires Past, Present and Future. What is Lewis' assessment on the areas he discusses

What were some of the factors contributing to the fall : What were some of the factors contributing to the fall of the weathermen terrorist group, eventually leading to their extinction in the late 1970s?

Describe victims of the weaknesses in the surrogacy act 1985 : Do you think that Keira and Jude could be accurately described as victims of the weaknesses in the Surrogacy Act 1985? Briefly explain your view.

How did you derive your own meaning for these words : Incorporate into your discussion as well an analysis of the terms freedom, justice, and democracy. How did you derive your own meaning for these words

Write a thesis statement and an outline of the evidence : Write a thesis statement and an outline of the evidence (including any outside evidence) you would use to answer this prompt

How professional values relate administrative responsibility : Examine how professional values relate to administrative responsibility and how organization values are configured and influence organizational decision-making.

What were the technological developments : What were the technological developments that contributed to the rise and transformation of modern sport? What influences did industrialization

User Account

All Pages