A & B v C & D

A & B v C & D

The court is satisfied that in each application the statutory criteria for a Parental Order under Section 54 HFEA 2008 are met or should be read down to be met in light of the paramount welfare of the child. Payments made in excess of reasonable expenses are authorised because the welfare of the child requires it. Where necessary, the time limit for making the application is extended. Domicile is established on the evidence. Public policy considerations do not override the paramountcy of child welfare in these applications.

Parties
Applicants: A & B; Respondents: C + D
Jurisdiction
England and Wales
Judgment Date
14 April 2026
Procedural Posture
Family Law Parental Order Applications (surrogacy) / Judgment After Hearing of Consolidated Applications
Outcome
Parental Orders granted in each application; payments in excess of reasonable expenses authorised; time limits extended where required.
Legal Topics
Surrogacy, Parental Orders, Domicile, Time Limits, Authorisation of Payments, Child Welfare, Public Policy
Family Law Child Law Surrogacy Parental Orders Domicile Time Limits Authorisation of Payments Child Welfare +1 more

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Parties

A & B

Applicants

C + D

Respondents

Procedural Posture

Family Law Parental Order Applications (surrogacy) / Judgment After Hearing of Consolidated Applications

Legal Issues

  1. 1 Whether the statutory criteria under Section 54 Human Fertilisation and Embryology Act 2008 for making Parental Orders are satisfied in each case
  2. 2 Whether payments made in excess of reasonable expenses should be authorised under Section 54(8) HFEA 2008
  3. 3 Whether the time limit under Section 54(3) HFEA 2008 should be extended

Ratio Decidendi

The court is satisfied that in each application the statutory criteria for a Parental Order under Section 54 HFEA 2008 are met or should be read down to be met in light of the paramount welfare of the child. Payments made in excess of reasonable expenses are authorised because the welfare of the child requires it. Where necessary, the time limit for making the application is extended. Domicile is established on the evidence. Public policy considerations do not override the paramountcy of child welfare in these applications.

Court Disposition

Parental Orders granted in each application; payments in excess of reasonable expenses authorised; time limits extended where required.

Orders

  • Parental Orders made in respect of each child in the subject applications
  • Payments in excess of reasonable expenses retrospectively authorised under Section 54(8) HFEA 2008