FWF (Foreign Surrogacy: Consent and Payments), Re [2025] EWFC 504 (07 August 2025)

FWF (Foreign Surrogacy: Consent and Payments), Re [2025] EWFC 504 (07 August 2025)

All statutory criteria under section 54 HFEA 2008 are met; all reasonable and proportionate steps have been taken to locate the surrogate and she cannot be found, so the court dispenses with her consent; the payment to the surrogate exceeded reasonable expenses but was made in good faith and is authorised; the welfare of the child is best served by making a parental order.

Citation
[2025] EWFC 504
Parties
Applicant Father: PCF; Respondent Gestational Surrogate: EM
Jurisdiction
England and Wales
Judgment Date
07 August 2025
Procedural Posture
Parental Order Application (family Court) / Final Judgment
Outcome
Parental order granted.
Legal Topics
Parental Orders, Surrogacy Arrangements, Consent in Surrogacy, Payments to Surrogates, Welfare of the Child
Family Law Surrogacy Law Parental Orders Surrogacy Arrangements Consent in Surrogacy Payments to Surrogates Welfare of the Child

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Parties

PCF

Applicant Father

EM

Respondent Gestational Surrogate

Procedural Posture

Parental Order Application (family Court) / Final Judgment

Legal Issues

  1. 1 Whether the statutory criteria under section 54 Human Fertilisation and Embryology Act 2008 are met for making a parental order
  2. 2 Whether all reasonable steps have been taken to obtain the surrogate's consent or establish that she cannot be found
  3. 3 Whether payments made to the surrogate require court authorisation as exceeding reasonable expenses

Ratio Decidendi

All statutory criteria under section 54 HFEA 2008 are met; all reasonable and proportionate steps have been taken to locate the surrogate and she cannot be found, so the court dispenses with her consent; the payment to the surrogate exceeded reasonable expenses but was made in good faith and is authorised; the welfare of the child is best served by making a parental order.

Court Disposition

Parental order granted.

Orders

  • A parental order is made in favour of PCF in relation to FWF.
  • Court authorises the payment to the surrogate exceeding reasonable expenses.