A UK High Court judge has warned of the pitfalls of surrogacy after the Indian mother of twin boys ‘disappeared’ before giving her formal consent for them to be brought up by a British homosexual couple.

Surrogacy involves gestating a baby in another woman’s womb. In a number of countries, surrogacy arrangements are illegal, because they “split” motherhood between a gestational mother and a genetic or “social” mother.

The male couple used a clinic in India to find a woman willing to carry and bear a child for them..

Mr Justice Baker granted the couple, who cannot be identified, parental rights over the boys. He said the mother’s agreement was ‘not required’ because she could not be found, the Daily Telegraph reports.

However he warned that in future cases, “applicants and their advisors should learn the lessons of this case, and take steps to ensure that clear lines of communication with the surrogate are established before the birth to facilitate the giving of consent”.

The judge said the couple had discussed starting a family ‘for some time’ before deciding on a surrogacy arrangement in India.

After conducting ‘detailed research’ and seeking help from specialist solicitors, the couple were aware of the requirement under UK law for them to prove the mother had given consent, and that this could only be given six weeks after the birth of the child.

Under a surrogacy arrangement with a clinic in Hyderabad, a donor egg was transferred into the surrogate mother, together with the sperm of one of the couple – who was therefore the biological father.

It was agreed the couple would pay about £17,000 for the treatment and the surrogate’s expenses, and it was confirmed the woman was pregnant in late 2010. However, they never received the necessary consent form from the clinic or the mother.

The pair were forced to apply to Portsmouth County Court for parental orders over the twins, and the matter was transferred to the family division of the High Court.

Recognising that “the act of carrying and giving birth to a baby establishes a relationship with the child which is one of the most important relationships in life,” Mr Justice Baker said the mother’s consent to a parental order could only be dispensed with if she cannot be found or is incapable of giving agreement.

Finding that the couple had taken ‘all reasonable steps’ to obtain the mother’s consent, and that there is ‘no realistic hope of finding her’, the judge granted the parental orders sought.