In 1985, UK resident Kim Cotton entered into a surrogacy arrangement with a US couple to be artificially inseminated with the husband’s semen and carry a child for them. The agreement was arranged through an agency and Ms Cotton was paid for her services.
4.12 After the baby’s birth in England the Social Services Department issued an order preventing the mother from relinquishing the baby to the commissioning couple. Ms Cotton responded by leaving the hospital without the baby, thereby leaving it without a primary caregiver. The commissioning father applied to the Court in turn for care and control of the child, which was granted on the basis that the commissioning couple were the best persons to care for the child as the birth mother had relinquished her rights.