“… time has moved on to the extent that Thorpe LJ’s categorisation would now be revisited in the same way as the Supreme Court in XX v Whittington Hospital Trust [2020] UKSC 14 recently revisited the earlier decision in Briody v St Helen’s and Knowsley Area Health Authority [2001] EWCA Civ 1010; [2002] QB 856. In XX,Baroness Hale held…”
“…The legal position was summarised by Baroness Hale of Richmond in Whittington Hospital NHS Trust v XX [2020] UKSC 14, at para. 9: “the surrogate mother is always the child’s legal parent unless and until a court order is made in favour of the commissioning parents.”…”