Y & Anor. v V & Ors.

Y & Anor. v V & Ors.

The court found that all section 54 HFEA 2008 criteria are met: Y retains domicile of origin in the UK, V's notarised consent is valid, V's husband's consent is not required as he cannot be found and did not consent, payments made are authorised, and there is no clearest case of abuse of public policy. The children's lifelong welfare requires the making of parental orders.

Parties
Applicants: Y and Z; 1st Respondent: V; 2nd and 3rd Respondent: W and X (by their children's guardian)
Jurisdiction
England and Wales
Judgment Date
13 October 2022
Procedural Posture
Parental Order Application (family) / Judgment After Final Hearing
Outcome
Parental orders granted for both children.
Legal Topics
Parental Orders, Surrogacy Arrangements, Consent, Domicile, Public Policy, Payments in Surrogacy
Family Law Surrogacy Parental Orders Surrogacy Arrangements Consent Domicile Public Policy Payments in Surrogacy

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Parties

Y and Z

Applicants

V

1st Respondent

W and X (by their children's guardian)

2nd and 3rd Respondent

Procedural Posture

Parental Order Application (family) / Judgment After Final Hearing

Legal Issues

  1. 1 Whether the criteria under section 54 Human Fertilisation and Embryology Act 2008 for making a parental order are met
  2. 2 Whether Y retains domicile of origin in the jurisdiction
  3. 3 Whether V's consent is valid and sufficient

Ratio Decidendi

The court found that all section 54 HFEA 2008 criteria are met: Y retains domicile of origin in the UK, V's notarised consent is valid, V's husband's consent is not required as he cannot be found and did not consent, payments made are authorised, and there is no clearest case of abuse of public policy. The children's lifelong welfare requires the making of parental orders.

Court Disposition

Parental orders granted for both children.

Orders

  • Parental orders made in favour of Y and Z in respect of W and X.