Babies, Bodies and Borders: The Risks and Rise of Surrogacy

Bryan Cave Leighton Paisner

Babies, Bodies and Borders: The Risks and Rise of Surrogacy

Despite its challenges, surrogacy is becoming a readily available form of family formation for many who have endured considerable heartache and difficulty in conceiving naturally. Surrogacy has an important role to play within our modern society particularly bearing in mind the overwhelming tide-change in social attitudes, the importance of assisted reproduction, such as IVF, and the introduction of same sex marriage which was legalised back in 2014.

Recent data has highlighted that there is a growing number of people who are turning to surrogacy which include:

  • Same sex couples wanting to have a much longed for family;
  • Heterosexual couples unable to get pregnant naturally;
  • Single women who have been unable to find a lifelong partner and wish to become a single parent.

One of the key pivotal changes appears to have come in 2008, when non-profit surrogacy services were legalised in the UK and same-sex and unmarried couples were permitted to apply for parental orders (the means by which intended parents can be recognised as a child’s legal parents instead of the surrogate). The number of parental orders has since grown from around 50 per year a decade ago to around 300 per year and this number is continuing to increase. High profile celebrities choosing to use surrogates has also bolstered the social legitimacy of surrogacy – figures such as Tom Daley and Dustin Lance Black, Kanye West and Kim Kardashian, Sarah Jessica Parker and Elton John spring to mind. The reality is that for many, surrogacy provides a faster option in contrast to adoption which is renowned to be a complicated and slow process.

Notwithstanding the apparent advantages to choosing surrogacy, it is unquestionably a complex, controversial and constantly evolving area of family law. Whilst social attitudes to surrogacy have developed dramatically, it is plain that the law has struggled to keep up and requires much needed legal clarity and reform. Although surrogacy in the UK is legal, the lack of detailed legislation around the issue has meant that many intended parents have chosen to go abroad instead (most notably, the USA). With information so readily available by the rapid development of the internet and cheap travel, UK intended parents are still choosing international commercial surrogacy abroad as opposed to opting into the process locally.


So what is surrogacy?

Surrogacy is the practice of a woman (whom we refer to as the “surrogate”) becoming pregnant with a child who may, or may not, be genetically related to her, carrying the child and giving birth to the child for another family (whom we refer to as the “intended parents”).

Different forms of surrogacy (traditional vs gestational):

Traditional surrogacy is a surrogacy arrangement where the surrogate is genetically related to the child born of the surrogacy arrangement because her own egg is used. Artificial insemination will be used to conceive the child.

Gestational surrogacy is a surrogacy arrangement where the surrogate is not genetically related to the child born of the surrogacy arrangement because her eggs have not been used. IVF will be used to conceive the child.

Surrogacy in the UK, the current position – problematic and impractical

The basic framework of surrogacy law in England and Wales consists of a combination of court judgements and two key pieces of legislation dating back to the 1980s: the Surrogacy Arrangements Act 1985 and the Human Fertilisation and Embryology Act 2008.

The Surrogacy Arrangements Act 1985 makes agreements to enter into surrogacy arrangements unenforceable and the Human Fertilisation and Embryology Act 2008 sets out the rules determining who are the legal parents of any child born through surrogacy. Generally speaking, the legal parents of the child will be the woman who acted as the surrogate and her spouse or civil partner if she has one (unless they did not consent to her acting as surrogate). Where the surrogate is not married or in a civil partnership, the second legal parent will be one of the intended parents, if his sperm was used. Otherwise, if the intended parents wish to be recognised as the child’s legal parents, they must apply for a parental order from the court to transfer legal parenthood and parental responsibility from the surrogate (and her spouse/civil partner) to the intended parents.

There are however deeply concerning problems with this arrangement in the UK, for both surrogates and intended parents.  It is therefore perhaps unsurprising that many prefer to go abroad on the basis that in a number of overseas countries, including a number of the US States, intended parents can be recognised as legal parents of the child from birth.

By making surrogacy agreements unenforceable, neither the surrogate nor the intended parents have any certainty about their relationship, about the child and their rights and obligations to each other. It means that, although rare, a surrogate could change her mind at any stage throughout the process and potentially, keep the baby. A surrogate cannot be forced to hand a child over to the intended parents simply because there is an agreement that says she will agree to do so. Similarly, intended parents can also change their minds and walk away, leaving the surrogate, literally, with full responsibility for the baby. For many wishing to go through surrogacy, the legislation in the UK does not provide them with the security and clarity they are looking for (any potential “risk adverse” intended parents will find it extremely off putting). This is particularly so where a parental order in the UK cannot be granted until at least six weeks after birth (and until then, the surrogate is considered the legal mother of the child).

Both parties also lack the financial security they would otherwise have if surrogacy agreements were enforceable. By way of example, in certain states in the USA, intended parents will often voluntarily pay surrogates tens of thousands of pounds for their service on the basis that the surrogate has no way of taking the intended parents to court to make them pay and the intended parents have no way of reclaiming any money given to the surrogate, should the surrogate decide to keep the baby. A surrogacy agreement can also clarify all rights and obligations each party has so that there is no confusion of the proposed arrangement.

The current status of the law in the UK also means that often at the time of the child’s birth, neither of the intended parents are recognised as the child’s legal parents. Without legal parenthood, intended parents lack the legal authority to make decisions about their child’s welfare, including education, housing and medical care. The fact that obtaining a parental order can be so difficult also means that in many cases, intended parents go on to raise a child without obtaining legal parenthood. Long-term, this can have significant and serious consequences on all involved. From an inheritance perspective, if the intended parents do not obtain legal parenthood, their child might find that, on their parent’s death, they are not entitled to any of their inheritance, either through the parent’s will or under the current intestacy rules. On the contrary, the implications can also be significant for a surrogate – if no parental order is made, then the surrogate retains legal parenthood. They can therefore be liable for child maintenance payments and if they die without a will, then part of their estate might pass to an individual whom they do not consider to be their child, at the expense of the other beneficiaries of their estate.

There are also a number of restrictions on who can apply for a parental order, and thereby become the legal parent of a child born through surrogacy. For instance, intended parents can only apply for a parental order where IVF or artificial insemination was involved in the conception of the child. If conception was through sexual intercourse, the intended parents cannot apply for a parental order. In that situation, their options might be reduced to applying for the adoption of the child in a much longer and more administratively burdensome process.  Parental orders are also only available where one or both of the intended parents are genetically related to the child i.e. where one of the applicants provided eggs or sperm to bring about the creation of the embryo. Effectively, the law therefore excludes couples where both partners are infertile from being able to obtain a parental order. The result is that certain individuals and couples who engage in surrogacy arrangements are automatically precluded from obtaining legal parenthood through a parental order, leaving them in a legally precarious and uncertain position with respect to their child.

For those trying to navigate surrogacy arrangements without independent legal advice, the law can also appear contradictory and confusing. For instance, the HFEA mandates that parental orders must be applied for within 6 months of the child’s birth. But in practice, the court has frequently authorised parental orders when applications have been made after the six month period has elapsed – in one case the High Court granted a parental order for a child who was aged 8. Similarly, the HFEA stipulates that parental orders can only be granted where no money or other benefit (other than reasonable expenses) have been given to the surrogate, unless the payment is subsequently authorised by the court. In practice however, payments are almost always authorised – even where they clearly exceed the cost of reasonable expenses. For many, what is deemed to be “reasonable” should not be considered one universal figure as each individual surrogate will have a different medical history and may require more assistance than say, another surrogate. Although the courts have set out a number of factors to be considered when deciding whether to authorise payments, in practice judges are faced with a fait accompli – it’s almost impossible to imagine a set of circumstances where the welfare of the child would not be gravely compromised by a refusal to make a parental order in favour of the intended parents where the surrogate has provided her consent. 

International surrogacy – is the grass greener?

The unintended effect of UK surrogacy law has, in part, been to drive prospective parents overseas to seek out surrogacy arrangements. Whilst surrogacy options abroad do seem more appealing than in the UK, they too come with their own risks. Many intended parents enter into the process abroad unaware of the country’s complex laws governing surrogacy and may potentially become embroiled in complex legal disputes.

The Law Commission estimates that about half of UK-based prospective parents go abroad for surrogacy. The reasons why people choose to go abroad are clearly complex, and range from financial accessibility and greater privacy, to the desire to access ethnically matched donors or surrogates who meet their cultural or religious needs. However, for many, the attraction is what they see as more favourable legal parenthood provisions and a smoother, more professional experience, including shorter waiting times and better medical care. The advantages of pursuing surrogacy abroad provides intended parents with the security and stability they are after in circumstances where they have had a turbulent and challenging journey to have a baby. For instance, in some countries, it is possible for intended parents to be named on the birth certificate, rather than the surrogate being named, which many see as being a significant advantage.

There are also a multitude of commercial and professional agencies operating in the surrogacy industry overseas, whose business and reputation rests on providing a good experience for all involved. By contrast, in the UK, there are only three surrogacy agencies, which all act on a non-profit basis due to the ban on the commercialisation of surrogacy. These agencies tend to operate on the basis of ‘surrogacy through friendship’, that is, they help match surrogates and intended parents on the basis of their relationship with one another. In practice, this means that there is a shortage of surrogates in the UK (in comparison to overseas) and many intended parents choosing to go through the surrogacy process in the UK do end up having a long-term relationship with the surrogate.

But while international arrangements can seem more appealing to prospective parents, a whole host of problems can arise once the child is born. The position under UK law is that even if the intended parents appear on the local birth certificate, the surrogate will still be the legal parent until a parental order is obtained. Without legal parenthood, intended parents do not have the legal authority to bring a child back to the UK without the surrogate’s consent. This in turn, can cause many issues regarding immigration status, nationality and visas. Even if the intended parents appear on the local birth certificate, a baby born to a foreign national surrogate mother who is married will not be eligible for British nationality. This can lead to delays in bringing a child home particularly if the nationality of the surrogate mother is such that a visa is needed to enter the UK.

The intersection of UK laws with foreign laws can also leave some children at risk of being made stateless, where the UK recognises the surrogate mother as the legal parent and the foreign state does not. Perhaps, most distressing of all, where relationships between surrogates and intended parents do break down, intended parents and surrogates can be left in prolonged and expensive litigation to try and bring the child back to their country. 

Potential change ahead - The Law Commission’s proposals

Fortunately, it appears that change is on the horizon. The Law Commission has recently published a paper setting out its provisional proposals to reform surrogacy law. Some of these proposals include: a new additional pathway to legal parenthood (ie. to allow intended parents to be recognised as the legal parents from birth, subject to the surrogate’s right to object during a defined period), no requirement for a genetic link between the intended parents and the child, reform of the existing parental order route (and therefore, removal of the six-month time limit for applications) and payments for surrogacy (to allow surrogates to enforce payments due to them under a surrogacy agreement, but for all other purposes for the agreement to remain unenforceable).

The future of surrogacy – ethics and the law

Whatever the outcome of the Law Commission’s consultation paper, it is clear that surrogacy law is in need of change. In part, this is because contemporary attitudes towards surrogacy have changed so much since the 1980s when the existing surrogacy laws were introduced. At the time, people were primarily concerned about vulnerable women being driven by financial need to give up their babies, and about wealthier couples participating in the purchase of children. Some of these concerns undoubtedly still hold true – overseas surrogacy is almost always commercial and places like Thailand, Nepal and Mexico have banned foreigners from accessing surrogacy in order to protect vulnerable women there. Domestically, it has also had an impact on the adoption rate, leaving greater numbers of children in care, and the commercialisation of surrogacy may fundamentally alter its accessibility.

Currently, charitable non-profit organisations are linking up potential parents and surrogates  for free, and surrogates are currently encouraged to participate on the basis of altruism; in a world where corporations can charge for this service, the more likely it is that surrogacy might become the province of the wealthy; less about the medical need for surrogacy services and more about surrogacy for ‘social’ or ‘aesthetic’ reasons.

But the more the surrogacy industry is allowed to grow without regulation, the greater the risk to all involved. The absence of commercial agencies and the outlawing of payments to surrogates does not mean that parties are more well-informed or have a better experience – in many cases it is the opposite.

Ultimately, UK surrogacy law has failed to keep up with the realities of the 21st century. Instead of discouraging people from participating in surrogacy, it has driven people overseas and to the internet for information, to online forums and social media sites rather than medical and legal professionals. Surrogacy no longer has the same stigma attached to it and is increasingly seen as one of the ultimate acts of kindness. The tenor of the law, its focus on non-commercialisation and its parenthood provisions currently models surrogacy not as a form of assisted reproduction but a form of adoption, emphasising the assumption that mothers are giving up babies. This fundamentally fails to reflect the views of the people who engage in surrogacy and the fact that intended parents are also vulnerable people, who have often spent time, money and emotional energy attempting to have children.

[View source.]

Written by:

Bryan Cave Leighton Paisner

Bryan Cave Leighton Paisner on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at:

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.