X And Y (Children), Re

X And Y (Children), Re

The court authorised the payments retrospectively as they were not so disproportionate as to amount to the purchase of a child, the applicants acted in good faith, and the paramountcy of the children's welfare required the making of parental orders.

Parties
Applicants: Mr and Mrs A; Children: X and Y (Children)
Jurisdiction
England and Wales
Judgment Date
06 December 2011
Procedural Posture
Parental Order Application (family) / Judgment After Final Hearing
Outcome
Parental orders granted in favour of Mr and Mrs A for both children.
Legal Topics
Parental Orders, Surrogacy Arrangements, Human Fertilisation and Embryology Act 2008, Child Welfare, Retrospective Authorisation of Payments
Family Law International Surrogacy Parental Orders Surrogacy Arrangements Human Fertilisation and Embryology Act 2008 Child Welfare Retrospective Authorisation of Payments

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Parties

Mr and Mrs A

Applicants

X and Y (Children)

Children

Procedural Posture

Parental Order Application (family) / Judgment After Final Hearing

Legal Issues

  1. 1 Whether payments made to surrogates exceeded reasonable expenses under s.54(8) of the Human Fertilisation and Embryology Act 2008
  2. 2 Whether retrospective authorisation of payments should be granted
  3. 3 Whether the paramountcy of the children's welfare requires the making of parental orders

Ratio Decidendi

The court authorised the payments retrospectively as they were not so disproportionate as to amount to the purchase of a child, the applicants acted in good faith, and the paramountcy of the children's welfare required the making of parental orders.

Court Disposition

Parental orders granted in favour of Mr and Mrs A for both children.

Orders

  • Parental orders made under section 54(1) of the Human Fertilisation and Embryology Act 2008 in respect of X and Y.