FWF (Foreign Surrogacy: Consent and Payments), Re

FWF (Foreign Surrogacy: Consent and Payments), Re

The court was satisfied that all statutory criteria under section 54 HFEA 2008 were met, that all reasonable and proportionate steps had been taken to locate the surrogate for consent and none had succeeded, that the payments made to the surrogate were for more than expenses but were made in good faith and should be authorised, and that making a parental order was in the child's best welfare interests.

Parties
Applicant Father: PCF; Respondent Gestational Surrogate: EM
Jurisdiction
England and Wales
Judgment Date
27 March 2026
Procedural Posture
Parental Order Application (family Law, Surrogacy) / Final Judgment
Outcome
Parental order granted.
Legal Topics
Parental Orders, Consent in Surrogacy, Payments to Surrogates, Welfare of the Child
Family Law Surrogacy Parental Orders Consent in Surrogacy Payments to Surrogates Welfare of the Child

Case Brief

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Parties

PCF

Applicant Father

EM

Respondent Gestational Surrogate

Procedural Posture

Parental Order Application (family Law, Surrogacy) / Final Judgment

Legal Issues

  1. 1 Whether the statutory criteria under section 54 of the Human Fertilisation and Embryology Act 2008 are met for making a parental order
  2. 2 Whether all reasonable steps have been taken to locate the surrogate for consent purposes
  3. 3 Whether payments made to the surrogate exceed reasonable expenses and if so, whether the court should authorise them

Ratio Decidendi

The court was satisfied that all statutory criteria under section 54 HFEA 2008 were met, that all reasonable and proportionate steps had been taken to locate the surrogate for consent and none had succeeded, that the payments made to the surrogate were for more than expenses but were made in good faith and should be authorised, and that making a parental order was in the child's best welfare interests.

Court Disposition

Parental order granted.

Orders

  • A parental order is made in favour of PCF in relation to FWF.
  • No further steps are required to locate or obtain consent from EM.