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Supreme Court to Rule in First Surrogacy Case

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Supreme Court to Rule in First Surrogacy Case

Supreme Court of Iceland

The Supreme Court of Iceland. Photo: Páll Kjartansson.

The Supreme Court of Iceland will in coming weeks rule whether two women who had a surrogate mother in the US carry a child for them can be regarded as the child’s legal parents, RÚV reports.

An Icelandic lesbian couple hired a US surrogate mother to carry their child, using a donor egg and sperm from a donor. A California agency called Advocates for Surrogacy arranged the agreement.

A baby boy was born February 14, 2013, and according to a surrogacy birth plan, drawn up by a US legal office, it was agreed that the Icelandic women were the boy’s legal parents, and that the surrogate mother would surrender all rights to the child. This was confirmed by a court in Riverside, California, and also, that the unnamed donors would not have any right to the child. At birth, the baby got a US citizenship and passport.

Once the women brought the child to Iceland, things got more complicated, since surrogate motherhood is illegal in Iceland. The National Registry of Iceland rejected the women’s request to register the boy as an Icelandic citizen and them as his legal parents. They reported the decision to the Ministry of the Interior, which confirmed it. So did the Reykjavík District Court, but the women sued the National Registry and the Icelandic State.

The child has since obtained Icelandic citizenship and an identity number, and a fostering agreement was set up with the women. They divorced two years ago, after which a fostering agreement was set up with one of them, and joint custody granted.

According to RÚV, this is the first surrogacy case to be reviewed by the Supreme Court of Iceland.

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