Dr Bianca Jackson, barrister at Coram Chambers, instructed by Brabners Solicitors, recently appeared in a significant surrogacy case that has garnered national attention, including coverage in The Times.
The case, Re XWZ (Foreign Surrogacy) [2025] EWFC 25 (judgment shown below), highlights the complex legal and ethical considerations surrounding international surrogacy arrangements.
The case involved a British father, referred to as “X,” who sought a parental order after arranging for a surrogate mother abroad to give birth to his child. The High Court granted the order, allowing him legal parenthood, but not without raising serious concerns over the nature of the surrogacy agreement.
Mrs Justice Theis DBE, who presided over the case, described the father as “extremely naive” in navigating a surrogacy process that spanned multiple jurisdictions.
The arrangement involved a surrogate agency in Israel, a fertility clinic in northern Cyprus, and a surrogate mother from Kyrgyzstan who ultimately gave birth in Moldova. The father paid a total of approximately £32,000 for the arrangement, with the surrogate mother receiving a reported £12,250.
In her judgment, Mrs Justice Theis DBE noted that there was “scant, if any, consideration given by [the father] of the complexities of the arrangement he was entering into.”
The case raises further concerns about the increasing prevalence of commercial surrogacy agreements overseas and the potential legal and ethical pitfalls involved.
Dr Bianca Jackson, an expert in surrogacy law and family law matters, successfully represented the father in obtaining the parental order.
Speaking about the case, she emphasised the importance of legal guidance for individuals pursuing international surrogacy arrangements. “This case underscores the need for proper legal advice and due diligence when engaging in surrogacy agreements, particularly across multiple jurisdictions. The legal landscape is complex, and intended parents must fully understand the implications before proceeding.”
The case comes at a time of growing debate around surrogacy laws, with an increasing number of parental orders being granted for children born through commercial surrogacy abroad.
As the demand for surrogacy continues to rise, legal professionals like Dr Bianca Jackson play a crucial role in ensuring the rights and interests of all parties are protected.
Coram Chambers remains at the forefront of surrogacy and family law, offering expert legal representation in some of the most complex and high-profile cases in the field.
