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Surrogate decision making in crisis

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  • Contributors All authors listed met the ICMJE criteria for authorship.

  • Funding The authors have not declared a specific grant for this research from any funding agency in the public, commercial or not-for-profit sectors.

  • Competing interests None declared.

  • Provenance and peer review Not commissioned; internally peer reviewed.

  • Ss.92(1) & 95 Adoption and Children Act 2002

  • Ibid, ss.92(3) & 96(1)

  • Assuming the pregnancy was achieved via treatment at a licenced centre—if it was not then the legislation does not determine legal parenthood and common law presumptions apply.

  • And subject to the insemination or IVF having taken place in the course of licenced treatment.

  • Ss.2 (2) & 4 (1), Children Act 1989

  • Accessed 17 Mar 2021

  • Law Commission of England and Wales and Scottish Law Commission, Building Families through Surrogacy: A New Law – A Joint Consultation Paper (6 June 2019), 8.2

  • ibid 8.29

  • ibid 8.34

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