Z (A Child) (Surrogacy) [2022] EWFC 18 (10 March 2022)

Z (A Child) (Surrogacy) [2022] EWFC 18 (10 March 2022)

The court found that all statutory criteria under s54 HFEA 2008 were met or could be purposively interpreted as met, including enduring family relationship, domicile, and valid consent. Although payments exceeded reasonable expenses, they were not disproportionate or made in bad faith, and are authorised. Making a parental order is necessary and in Z's lifelong welfare interests.

Citation
[2022] EWFC 18
Parties
1st Applicant: W; 2nd Applicant: X; 1st Respondent: Y; 2nd Respondent: Z (A Child by Children's Guardian, Ms Julia Green)
Jurisdiction
England and Wales
Judgment Date
10 March 2022
Procedural Posture
Parental Order Application (family Court) / Final Judgment
Outcome
Parental order granted
Legal Topics
Parental Orders, Surrogacy Arrangements, Consent Requirements, Payments in Surrogacy, Domicile, Welfare of the Child
Family Law Surrogacy Parental Orders Surrogacy Arrangements Consent Requirements Payments in Surrogacy Domicile Welfare of the Child

Case Brief

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Parties

W

1st Applicant

X

2nd Applicant

Y

1st Respondent

Z (A Child by Children's Guardian, Ms Julia Green)

2nd Respondent

Procedural Posture

Parental Order Application (family Court) / Final Judgment

Legal Issues

  1. 1 Whether the statutory criteria under s54 Human Fertilisation and Embryology Act 2008 for a parental order are met
  2. 2 Whether the surrogate mother's consent is valid and informed
  3. 3 Whether payments made in the surrogacy arrangement require court authorisation

Ratio Decidendi

The court found that all statutory criteria under s54 HFEA 2008 were met or could be purposively interpreted as met, including enduring family relationship, domicile, and valid consent. Although payments exceeded reasonable expenses, they were not disproportionate or made in bad faith, and are authorised. Making a parental order is necessary and in Z's lifelong welfare interests.

Court Disposition

Parental order granted

Orders

  • A parental order is made in respect of Z, recognising W and X as Z's legal parents and extinguishing the legal relationship with the surrogate mother, Y.
  • Any payments made beyond reasonable expenses in the surrogacy arrangement are authorised by the court.