PLEASE NOTE: Information in this article is correct at the time of publication, please contact DFA Law for current advice on older articles.
The law often struggles to keep pace with technological developments, and artificial insemination (AI) cases are an illustration of the sorts of issues that arise.
A recent case involved child custody arrangements when AI had been used to conceive a child. The surrogate father sought an order regarding the child, which was opposed on the ground that he is a single person, not a member of a couple. The opposition was based on the wording of the legislation under which AI is governed in the UK.
The High Court threw out the challenge, deciding that human rights law trumped a narrow reading of the Human Fertilisation and Embryology Act 2008.
The application can therefore go ahead.
If you are concerned about any child custody issue, contact Paula Futer.