AB (Surrogacy: Consent), Re

The court cannot make a parental order without the respondents' consent as required by s.54(6) HFEA 2008. The application is adjourned generally with liberty to restore, as to do otherwise may prejudice the applicants' ability to secure legal status for the children in the future.

Parties: Applicants: C and D; 1st and 2nd Respondents: E and F; 3rd and 4th Respondents: A and B (by their Guardian)
Jurisdiction: England and Wales
Judgment Date: 25 October 2016
Procedural Posture: Family (parental Order Surrogacy) / Interlocutory Judgment on Adjournment of Parental Order Application
Outcome: Application for parental order adjourned generally with liberty to restore.
Legal Topics: Surrogacy, Parental Orders, Consent Under HFEA 2008, Adoption Vs Parental Order

Family Law Surrogacy Parental Orders Consent Under HFEA 2008 Adoption Vs Parental Order

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Parties

C and D

Applicants

E and F

1st and 2nd Respondents

A and B (by their Guardian)

3rd and 4th Respondents

Procedural Posture

Family (parental Order Surrogacy) / Interlocutory Judgment on Adjournment of Parental Order Application

Legal Issues

1 Whether the court can make a parental order under s.54 HFEA 2008 without the surrogate's consent
2 Whether an adoption order is appropriate in surrogacy where applicants are biological parents
3 Consequences for children if parental order is not made

Ratio Decidendi

Court Disposition

Application for parental order adjourned generally with liberty to restore.

Orders

Application for parental order adjourned generally with liberty to restore before the same judge if available.