XZ & Anor v Y & Ors

XZ & Anor v Y & Ors

Parental orders were granted as all statutory requirements were met or could be purposively interpreted in light of the children’s welfare and Article 8 ECHR rights. The applicants acted in good faith, payments were not disproportionate, and delays were caused by administrative failures, not the applicants. The court issued guidance mandating allocation of international surrogacy cases to High Court judges and requiring parental order reporters to see the child with applicants unless exceptional circumstances exist.

Parties
Applicants: XZ & ZZ; 1st Respondent (gestational Surrogate): Mrs Y; 2nd & 3rd Respondents (by Their Guardian): L & M (Children); Advocate to the Court: Cafcass Legal
Jurisdiction
England and Wales
Judgment Date
16 November 2015
Procedural Posture
Family Law – Parental Order (international Surrogacy) / Final Judgment With Guidance
Outcome
Parental orders granted for both children; guidance issued for future cases.
Legal Topics
Parental Orders, Surrogacy, Citizenship, Child Welfare, Jurisdiction, Public Policy, Statutory Interpretation
Family Law International Law Immigration Law Human Rights Parental Orders Surrogacy Citizenship Child Welfare +3 more

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Parties

XZ & ZZ

Applicants

Mrs Y

1st Respondent (gestational Surrogate)

L & M (Children)

2nd & 3rd Respondents (by Their Guardian)

Cafcass Legal

Advocate to the Court

Procedural Posture

Family Law – Parental Order (international Surrogacy) / Final Judgment With Guidance

Legal Issues

  1. 1 Whether parental orders should be granted for children born abroad via commercial surrogacy
  2. 2 Proper allocation of international surrogacy cases within the Family Court
  3. 3 Requirements for parental order reports and the necessity of seeing the child with applicants

Ratio Decidendi

Parental orders were granted as all statutory requirements were met or could be purposively interpreted in light of the children’s welfare and Article 8 ECHR rights. The applicants acted in good faith, payments were not disproportionate, and delays were caused by administrative failures, not the applicants. The court issued guidance mandating allocation of international surrogacy cases to High Court judges and requiring parental order reporters to see the child with applicants unless exceptional circumstances exist.

Court Disposition

Parental orders granted for both children; guidance issued for future cases.

Orders

  • Parental orders made in respect of L and M.
  • Payments over and above reasonable expenses retrospectively authorised.