YW & Anor v A & Anor

YW & Anor v A & Anor

The statutory criteria under s54 HFEA 2008 are satisfied, including consent, domicile, age, and payments; YW's criminal history and imprisonment do not bar the order given ongoing rehabilitation and protective parenting by XW; P's welfare is paramount and best served by granting the parental order.

Parties
1st Applicant: YW; 2nd Applicant: XW; 1st Respondent: Ms A; 2nd Respondent: P
Jurisdiction
England and Wales
Judgment Date
13 February 2025
Procedural Posture
Parental Order Application / Final Judgment
Outcome
Parental order granted in respect of P to the applicants.
Legal Topics
Parental Orders, Child Welfare, Surrogacy Arrangements, Consent, Public Policy, Criminal Convictions and Parenting
Family Law Surrogacy Parental Orders Child Welfare Surrogacy Arrangements Consent Public Policy Criminal Convictions and Parenting

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Parties

YW

1st Applicant

XW

2nd Applicant

Ms A

1st Respondent

P

2nd Respondent

Procedural Posture

Parental Order Application / 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 present a barrier to the making of a parental order
  3. 3 Whether payments to the surrogate and agency offend public policy

Ratio Decidendi

The statutory criteria under s54 HFEA 2008 are satisfied, including consent, domicile, age, and payments; YW's criminal history and imprisonment do not bar the order given ongoing rehabilitation and protective parenting by XW; P's welfare is paramount and best served by granting the parental order.

Court Disposition

Parental order granted in respect of P to the applicants.

Orders

  • Parental order made in favour of YW and XW for P.
  • Payments to Ms A retrospectively authorised.