A Relational Approach to Surrogacy and Assisted Reproduction

This article applies a relational approach to assisted reproduction law in practice. It considers the role of legal practitioners in positively supporting the relationships arising from these arrangements at three key stages, namely (a) creating and maintaining adult relationships, (b) validating or legalizing parental relationships, and (c) managing any conflict that arises. With a primary focus on surrogacy arrangements, it considers not only the limitations of the current law of assisted reproduction when viewed through this lens, but also possible solutions. Proposals include both statutory reform and professional best practice. Keywords: surrogacy; assisted reproduction; relational approach; legal parentage; parental orders; legal practitioners; alternative dispute resolution; reform.