A UK High Court has warned against the risks of anonymous surrogacy after a Nigerian couple faced legal hurdles in securing parental rights for their child. The court stressed that keeping the surrogate mother’s identity hidden can create serious legal complications.
Why Anonymous Surrogacy Is Risky
Anonymous surrogacy allows intended parents and surrogates to remain unknown to each other or have limited contact. These arrangements are often handled by agencies or medical centres acting as intermediaries. In this case, Mr and Mrs Houldsworth, a UK-based Nigerian couple, used Lifelink Fertility Clinic in Lagos for their surrogacy process.
However, the President of the Family Division of the High Court, Andrew McFarlane, ruled that such arrangements make it difficult for courts to verify the surrogate’s consent, which is a legal requirement under UK law. He pointed out that without clear records, the legitimacy of these agreements could be questioned.
A Complicated Legal Journey
The couple’s legal battle lasted nearly two years. After struggling with infertility, they chose surrogacy in 2022 and welcomed their baby girl in 2023. To avoid potential conflicts with the surrogate mother, they opted for an anonymous agreement, which is legal in Nigeria.
Following the birth, Mrs Houldsworth stayed in Nigeria for eight months before they returned to the UK. However, securing legal recognition as the child’s parents in the UK proved challenging due to the lack of identifiable records for the surrogate.
UK Fertilisation Law and Court Ruling
Under the UK’s Human Fertilisation and Embryology Act 2008, a surrogate must provide informed consent before a parental order is granted. Since the surrogate in this case was anonymous, the couple faced legal roadblocks.
Despite their difficulties, the court eventually granted the parental order. However, Judge McFarlane used the case to highlight the risks of anonymous surrogacy, particularly for international arrangements. He warned that while intended parents may see anonymity as a way to avoid future complications, it can instead lead to complex legal battles.
Lessons for Future Parents
The UK remains cautious about international surrogacy, with additional restrictions on adoptions from Nigeria due to concerns about documentation reliability. Judge McFarlane advised anyone considering surrogacy to avoid anonymous arrangements, as they can create unnecessary legal obstacles.
The case serves as a reminder that while surrogacy can offer hope to parents struggling with infertility, transparency and legal safeguards are crucial to ensuring a smooth process. Those considering this path should seek expert legal advice and ensure all requirements are met to avoid similar challenges.
