X And Y (Children), Re [2011] EWHC 3147 (Fam) (06 December 2011)

X And Y (Children), Re [2011] EWHC 3147 (Fam) (06 December 2011)

The court held that although payments to the surrogates exceeded reasonable expenses, the applicants acted in good faith, the payments were not disproportionate, and the welfare of the children was the paramount consideration. Retrospective authorisation of the payments was granted and parental orders were made in favour of the applicants.

Citation
[2011] EWHC 3147 (Fam)
Parties
Applicants: Mr and Mrs A; Children: X and Y (Children)
Jurisdiction
England and Wales
Judgment Date
06 December 2011
Procedural Posture
Parental Order Application (family) / Final Hearing and Judgment
Outcome
Parental orders granted in favour of Mr and Mrs A for both children.
Legal Topics
Parental Orders, Surrogacy Arrangements, Human Fertilisation and Embryology Act 2008, Child Welfare, Retrospective Authorisation of Payments
Family Law International Surrogacy Parental Orders Surrogacy Arrangements Human Fertilisation and Embryology Act 2008 Child Welfare Retrospective Authorisation of Payments

Case Brief

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Parties

Mr and Mrs A

Applicants

X and Y (Children)

Children

Procedural Posture

Parental Order Application (family) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether payments made to surrogates exceeded reasonable expenses under s.54(8) of the Human Fertilisation and Embryology Act 2008
  2. 2 Whether retrospective authorisation of payments should be granted
  3. 3 Whether the welfare of the children is the paramount consideration in making parental orders

Ratio Decidendi

The court held that although payments to the surrogates exceeded reasonable expenses, the applicants acted in good faith, the payments were not disproportionate, and the welfare of the children was the paramount consideration. Retrospective authorisation of the payments was granted and parental orders were made in favour of the applicants.

Court Disposition

Parental orders granted in favour of Mr and Mrs A for both children.

Orders

  • Parental orders made under section 54(1) of the Human Fertilisation and Embryology Act 2008 for X and Y.
  • Retrospective authorisation of payments to surrogates granted.