YW & Anor v A & Anor [2024] EWHC 3548 (Fam) (29 October 2024)

YW & Anor v A & Anor [2024] EWHC 3548 (Fam) (29 October 2024)

The statutory criteria for a parental order under s54 HFEA 2008 are satisfied. YW's imprisonment and criminal history do not preclude the order as P maintained a relationship with both applicants and now lives with both. Payments to the surrogate and agency were lawful and transparent, not offending public policy. The welfare of P is paramount and overwhelmingly supports making the order to secure her legal and emotional status within her family.

Citation
[2024] EWHC 3548 (Fam)
Parties
1st Applicant: YW; 2nd Applicant: XW; 1st Respondent: Ms A; 2nd Respondent: P
Jurisdiction
England and Wales
Judgment Date
29 October 2024
Procedural Posture
Parental Order Application (family) / Final Judgment
Outcome
Parental order granted
Legal Topics
Parental Orders, Surrogacy Arrangements, Child Welfare, Consent, Public Policy, Criminal Convictions and Parenting
Family Law Surrogacy Parental Orders Surrogacy Arrangements Child Welfare Consent Public Policy Criminal Convictions and Parenting

Case Brief

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Parties

YW

1st Applicant

XW

2nd Applicant

Ms A

1st Respondent

P

2nd Respondent

Procedural Posture

Parental Order Application (family) / Final Judgment

Legal Issues

  1. 1 Whether the statutory criteria under s54 Human Fertilisation and Embryology Act 2008 are satisfied for making a parental order
  2. 2 Whether YW's criminal convictions and imprisonment preclude the making of a parental order
  3. 3 Whether payments to the surrogate and agency offend public policy

Ratio Decidendi

The statutory criteria for a parental order under s54 HFEA 2008 are satisfied. YW's imprisonment and criminal history do not preclude the order as P maintained a relationship with both applicants and now lives with both. Payments to the surrogate and agency were lawful and transparent, not offending public policy. The welfare of P is paramount and overwhelmingly supports making the order to secure her legal and emotional status within her family.

Court Disposition

Parental order granted

Orders

  • A parental order is made in respect of P to the applicants XW and YW.
  • Payments to the surrogate and agency are retrospectively authorised.