Mr K & Anor v Mr Z & Anor

Mr K & Anor v Mr Z & Anor

Mr and Mrs K satisfy all statutory requirements for a parental order. Despite their advanced age, they have made appropriate and detailed arrangements for B's welfare, including future care and financial provision in the event of their incapacity or death. The arrangements are in B's best interests and his welfare throughout life is secured. The payments made in the surrogacy process are authorised. A parental order is necessary to provide B with legal security and recognition as the child of Mr and Mrs K.

Parties
Applicants: Mr and Mrs K; Respondents: Mr and Mrs Z
Jurisdiction
England and Wales
Judgment Date
05 July 2025
Procedural Posture
Parental Order Application (surrogacy) / Final Judgment
Outcome
Parental order granted in favour of Mr and Mrs K.
Legal Topics
Parental Orders, Child Welfare, Foreign Surrogacy, Statutory Criteria Under HFEA 2008, Special Guardianship, Estate Planning for Children
Family Law Surrogacy Parental Orders Child Welfare Foreign Surrogacy Statutory Criteria Under HFEA 2008 Special Guardianship Estate Planning for Children

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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 elderly intended parents following a foreign surrogacy arrangement
  2. 2 Whether the arrangements for the child's welfare, including in the event of incapacity or death of the intended parents, are sufficient

Ratio Decidendi

Mr and Mrs K satisfy all statutory requirements for a parental order. Despite their advanced age, they have made appropriate and detailed arrangements for B's welfare, including future care and financial provision in the event of their incapacity or death. The arrangements are in B's best interests and his welfare throughout life is secured. The payments made in the surrogacy process are authorised. A parental order is necessary to provide B with legal security and recognition as the child of Mr and Mrs K.

Court Disposition

Parental order granted in favour of Mr and Mrs K.

Orders

  • Parental order made in respect of B in favour of Mr and Mrs K.
  • Payments made in the surrogacy process are authorised.