Legal and court practice
As example of dispute of legal and court practice in field of ART application we start posting these materials.
Case #1 “Case of British couple”, 2008, Great Britain, London.
9 December 2008 London Royal Courts of Justice made judgment in case № FD08P01466 X&Y (Foreign surrogacy)
Married infertile couple from Great Britain came to Ukraine to participate in a programme of surrogacy. They were bound to pay to Surrogate 27000 euro (23000 pounds) in case of a successful result. During the procedure donor’s egg cell was fertilized with sperm of husband and then embryo was transferred to a Surrogate. After birth of twins, this couple met problems when they were returning to Great Britain.
- According to the Law of Great Britain parents of children born as a result of a surrogacy programme are a Surrogate and her husband unless it isn’t specified that he has made consent for participating in programme, but at the same time according to the legislation of Ukraine – English couple are parents of twins. Moreover Britain tolerates only with allowance payments to a Surrogate, with no special compensationto a Surrogate.
- Couple couldn’t enter Great Britain with children because in accordance with the legislation of their country they have no parental rights over the child
- Twins have not acquired neither Ukrainian nor British citizenship because.
Judgment of the court was made in favor of the couple. After DNA test Britishman was considered their biological father, children were granted British citizenship and all of them could enter the country. As for the payment the court found 23 000 pounds paid to Surrogate to be acceptable in accordance with the Law of Great Britain.
