A & Anor v P & Ors

The court may interpret s 54 HFEA 2008 to allow a parental order in favour of both applicants, even after the death of one, as it is consistent with statutory purpose, human rights obligations, and the child's welfare. No other order would secure the child's legal status with both commissioning parents.

Parties: 1st Applicant: Mr A; 2nd Applicant: Mrs A; 1st Respondent: P; 2nd Respondent: P; 3rd Respondent: B
Jurisdiction: England and Wales
Judgment Date: 08 July 2011
Procedural Posture: Parental Order Application (surrogacy) / Judgment
Outcome: Parental order granted
Legal Topics: International Surrogacy, Parental Orders, Child Welfare, Statutory Interpretation, Payments to Surrogate, Identity Rights

Family Law Human Rights International Surrogacy Parental Orders Child Welfare Statutory Interpretation Payments to Surrogate Identity Rights

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 17 Party arguments 2 Amounts and remedies 1

Parties

Mr A

1st Applicant

Mrs A

2nd Applicant

1st Respondent

2nd Respondent

3rd Respondent

Procedural Posture

Parental Order Application (surrogacy) / Judgment

Legal Issues

1 Whether a parental order can be made after the death of one joint applicant
2 Interpretation of s 54 HFEA 2008 regarding applicants
3 Retrospective approval of payments to surrogate mother

Ratio Decidendi

Court Disposition

Parental order granted

Orders

Parental order made in favour of Mr and Mrs A
Payments to surrogate mother authorised under s 54(8) HFEA 2008