F & Anor v X & Ors

F & Anor v X & Ors

All section 54 requirements are met; the payments to surrogates are found to be for reasonable expenses or, if any excess, are modest and do not amount to a commercial surrogacy arrangement. The applicants' dishonesty, while reprehensible, does not amount to an abuse of public policy sufficient to refuse the orders. The welfare of the children requires the making of parental orders.

Parties
Applicants: F and G; 1st Respondent: X; 2nd Respondent: Y; 3rd Respondent: Z; 5th, 6th & 7th Respondents: A, B and C (by their guardian)
Jurisdiction
England and Wales
Judgment Date
10 June 2016
Procedural Posture
Family Law Parental Order (surrogacy) Application / Judgment After Final Hearing
Outcome
Parental orders granted for all three children.
Legal Topics
Parental Orders, Surrogacy Agreements, Child Welfare, Human Fertilisation and Embryology Act 2008, Public Policy in Surrogacy
Family Law Surrogacy Parental Orders Surrogacy Agreements Child Welfare Human Fertilisation and Embryology Act 2008 Public Policy in Surrogacy

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Parties

F and G

Applicants

X

1st Respondent

Y

2nd Respondent

Z

3rd Respondent

A, B and C (by their guardian)

5th, 6th & 7th Respondents

Procedural Posture

Family Law Parental Order (surrogacy) Application / Judgment After Final Hearing

Legal Issues

  1. 1 Whether the requirements of section 54 of the Human Fertilisation and Embryology Act 2008 are met for parental orders in respect of three children born via surrogacy.
  2. 2 Whether the payments made to the surrogates were for expenses reasonably incurred or require court authorisation under section 54(8).
  3. 3 Whether the applicants' dishonesty to the court about the sums paid to the surrogates should prevent the making of parental orders.

Ratio Decidendi

All section 54 requirements are met; the payments to surrogates are found to be for reasonable expenses or, if any excess, are modest and do not amount to a commercial surrogacy arrangement. The applicants' dishonesty, while reprehensible, does not amount to an abuse of public policy sufficient to refuse the orders. The welfare of the children requires the making of parental orders.

Court Disposition

Parental orders granted for all three children.

Orders

  • Parental orders made in respect of A, B, and C.
  • Anonymity of the children and family members to be strictly preserved in any publication of the judgment.