Surrogate mother faces US court battle

The judge "pondered" the issues with "anxious care"

A British surrogate mother faces a Californian court battle for the right to bring up the twins she gave birth to.

The woman lost her final chance to have her case heard in a British court and was told she must return with the girls to the United States.

Her lawyer said she would face an unequal battle in California which does not recognise a surrogate's status as a mother.

The two girls were born six months ago in England when the mother fled from the US after a disagreement with the couple who she had made a surrogacy agreement with.

There is no way he would send her back to California if he had treated her as any other mother

Judith Parker, QC

Two Court of Appeal judges on Wednesday upheld a ruling by Mr Justice Hedley who said last month the Californian courts should decide the future of the girls.

The British mother fell out with the Californian couple because they had wanted just one child and when they found out she was carrying twins they asked her to have one aborted.

An anonymous donor had supplied the embryos which were then fertilised by the husband and implanted in the surrogate mother.

Judith Parker QC, representing the mother, told the appeal court that Mr Justice Hedley should have treated her client as any other mother who had given birth in this country.

'Biological stranger'

"There is no way he would send her back to California if he had treated her as any other mother who gave birth here."

She said that under the laws of this country, her client would have the same rights as any other mother and the children could not be removed from her against her will.

"Surrogacy arrangements are completely void and unenforceable in this country."

But she said that in California, where surrogacy agreements are protected by law, her client would be treated as a "biological stranger".

"The commissioning parents would be regarded as the parents of the children rather than the carrying mother."

'Sophisticated' system

The Californian courts would make their decision on contract law and would not have regard to the welfare of the children, she said.

The British mother has registered in England the births of the twins who have her surname and her choice of first names.

Lord Justice Thorpe, refusing permission to appeal, said that Miss Parker had demanded for her client the status of mother.

"But all that would require the courts to close its eyes to the history of the relationship between these three adults."

He said California had a "highly sophisticated" family law justice system.