K & Anor v Z & Anor [2025] EWHC 927 (Fam) (16 April 2025)

K & Anor v Z & Anor [2025] EWHC 927 (Fam) (16 April 2025)

The applicants satisfy all statutory criteria for a parental order under s.54 HFEA 2008. The arrangements for the child's welfare, including guardianship and financial provision in the event of the applicants' incapacity or death, are now sufficient. The payments made to the surrogate and agency, though above reasonable expenses, are authorised as they are lawful in California and do not offend public policy. The child's welfare throughout his life is best secured by making a parental order in favour of the applicants.

Citation
[2025] EWHC 927 (Fam)
Parties
Applicants: Mr and Mrs K; Respondents: Mr and Mrs Z
Jurisdiction
England and Wales
Judgment Date
16 April 2025
Procedural Posture
Parental Order Application (surrogacy) / Final Judgment
Outcome
Parental order granted in favour of Mr and Mrs K.
Legal Topics
Parental Orders, Surrogacy, Child Welfare, International Surrogacy, Guardianship, Reasonable Expenses in Surrogacy
Family Law Parental Orders Surrogacy Child Welfare International Surrogacy Guardianship Reasonable Expenses in Surrogacy

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Parties

Mr and Mrs K

Applicants

Mr and Mrs Z

Respondents

Procedural Posture

Parental Order Application (surrogacy) / Final Judgment

Legal Issues

  1. 1 Whether a parental order should be made in favour of intended parents following an international surrogacy arrangement
  2. 2 Whether the statutory criteria under s.54 Human Fertilisation and Embryology Act 2008 are satisfied
  3. 3 Whether the welfare of the child throughout his life is secured, especially given the advanced age of the intended parents

Ratio Decidendi

The applicants satisfy all statutory criteria for a parental order under s.54 HFEA 2008. The arrangements for the child's welfare, including guardianship and financial provision in the event of the applicants' incapacity or death, are now sufficient. The payments made to the surrogate and agency, though above reasonable expenses, are authorised as they are lawful in California and do not offend public policy. The child's welfare throughout his life is best secured by making a parental order in favour of the applicants.

Court Disposition

Parental order granted in favour of Mr and Mrs K.

Orders

  • Parental order made for child B in favour of Mr and Mrs K.
  • Payments to surrogate and agency authorised under s.54(8) HFEA 2008.