A surrogate mother who had a change of heart during her pregnancy after a dispute with the intended parents has been awarded care of the baby. The surrogacy agreement (which, like all UK based surrogacy agreements, is not legally binding) was made informally and without counselling from a surrogacy agency. The intended parents’ application for a residence order was refused on the basis that serious emotional harm would be caused to the baby (aged 5 months). Mr Justice Baker also expressed concerns over the intended parents’ insight into the importance of the baby’s relationship with the biological mother. Crucially, the decision was fact based and therefore does not set a binding precedent. Indeed, there have been similar cases where care was awarded to the intended parents and so it is clear that the judiciary are adopting a case by case approach to surrogacy disputes.

TT (a Minor) [2011] EWHC 33 (Fam)