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The Telegraph and Daily Mail have today reported the international surrogacy case of D and L (2012). The case marks a legal first: the court agreeing to make a parental order after the surrogate mother could not be found to give her consent. We are proud to have worked with the parents on this case to win legal security for their family.
A UK same sex couple had twin boys through an Indian surrogacy arrangement. They had taken legal advice at the outset and knew they would need their surrogate’s consent, after the birth, to become the legal parents under UK law.
A single piece of paper held the key to their lives, their future, and now it was being questioned.
As the couple and their two children lined up to clear immigration at the New Delhi airport last Saturday, they handed their documents to the officer — Canadian passports for themselves and their daughter, an entry visa for their son.
The next few hours were a blur as immigration officers examined the paper while others bombarded the couple with questions. Why didn’t the boy have a passport? Why just an entry visa? Who was he? Who, indeed.
Gay father Barrie Drewitt Barlow revealed how six gay couples are in a "huge panic" over India's recent ban of surrogacy to gay couples.
Mr Drewitt Barlow, who runs the British Surrogacy Centre with his partner Tony have said “embryos had been transferred to women acting as surrogate, but the men fear they will never see their children”.
India is to ban gay couples from using surrogate mothers. As part of reforms to the country’s surrogacy and fertility treatment laws, only heterosexual couples will be allowed to have children by surrogate.
The Assisted Reproductive Technologies (ART) Regulation Bill 2010 was sent to the law ministry for approval this week. There is apparently nothing in the bill to stop a single gay man from having a surrogate baby, as single men and women will be eligible.