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Surrogacy law and policy differs considerably between countries. Some jurisdictions ban or restrict the practice of surrogacy, whilst others have no legal regulation and some permit it on a commercial basis. Around the world, some jurisdictions continue to test and develop surrogacy law and policy and two recent surrogacy disputes have emerged from Wisconsin, in the United States, and South Africa which highlight the challenging legal and practical issues surrogacy can create.
There are relatively few surrogacy disputes that reach the courts in the UK or elsewhere in the world. There is no surrogacy legislation in Wisconsin and no existing case law on disputed surrogacy arrangements, making the recent case of In Re the Paternity of F.T.R a legal first in the State. Notably, the Wisconsin case was based on a 'straight' surrogacy arrangement, where the surrogate is inseminated with the intended father's sperm, which is less common than gestational surrogacy, where the surrogate is not biologically related to the child.
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There are relatively few surrogacy disputes that reach the courts in the UK or elsewhere in the world. There is no surrogacy legislation in Wisconsin and no existing case law on disputed surrogacy arrangements, making the recent case of In Re the Paternity of F.T.R a legal first in the State. Notably, the Wisconsin case was based on a 'straight' surrogacy arrangement, where the surrogate is inseminated with the intended father's sperm, which is less common than gestational surrogacy, where the surrogate is not biologically related to the child.
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