A woman in England acted as a surrogate mother for a baby whose biological father is her adult son, the Daily Telegraph reports.
The man, who is single and in his mid-20s was seeking the approval of the High Court in order to adopt the child. The judge granted him his request, saying that while the situation was “unusual” it was “entirely lawful under the relevant statutory provisions.”
She said her paramount consideration had been the boy’s “lifelong welfare”.
According to the Telegraph, the man took advice from lawyers and fertility clinics before “embarking on the process of becoming a father.” Another family member inititally offered to act as a surrogate mother, but decided not to due to health reasons.
The man’s mother then offered to take the other family member’s place, with the agreement of her husband. She then became pregnant using a donor egg fertilised with her son’s sperm.
“(The baby) has lived with … his biological father since birth. All the reports describe (the man’s) care of (the baby) as being to a high standard,” said Mrs Justice Theis in the ruling.
“This, admittedly, unusual arrangement was entered into by the parties after careful consideration, following each having individual counselling and with all the treatment being undertaken by a fertility clinic licensed by the Human Fertilisation and Embryology Authority (HFEA).”
The judge added: “The arrangement the parties entered into is not one, as far as I am aware, that either this court or the clinic has previously encountered and although highly unusual, is entirely lawful under the relevant statutory provisions.”
“The papers show that for some considerable time he has wanted to be a father,” she concluded. “He waited until his circumstances were settled in terms of a job and home to enable him to provide the care a child would need.”
“This is an issue that he has discussed openly with his family and close friends.”
But critics told the Daily Mail that the law should never permit such an arrangement.
Author and broadcaster on family issues Jill Kirby said: ‘The ethics in this case are very dubious indeed. If the HFEA considers this to be a legal procedure, there is an urgent need to look at the law again.’
Robert Flello, Labour MP for Stoke-on-Trent South, said: ‘This case throws up many concerns and worries. My greatest concern in all of this is the potential emotional damage to the child in years to come, as he tries to work out family relationships that most of us can take for granted.’
