Z (Foreign Surrogacy) [2024] EWFC 304 (24 October 2024)

Z (Foreign Surrogacy) [2024] EWFC 304 (24 October 2024)

The statutory criteria for a parental order under section 54 HFEA 2008 are met on the facts, including the child's welfare, domicile, consent, and payments. The delay in application is negligible and explained. Public policy concerns do not reach the threshold to refuse the order. Z's welfare requires the making of a parental order.

Citation
[2024] EWFC 304
Parties
Applicant: A; Applicant: B; 1st Respondent: X; 2nd Respondent: Z (through her Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
24 October 2024
Procedural Posture
Parental Order Application (surrogacy) / Final Judgment
Outcome
Parental order granted
Legal Topics
Surrogacy, Parental Orders, Child Welfare, Consent, Public Policy, Domicile
Family Law Surrogacy Parental Orders Child Welfare Consent Public Policy Domicile

Case Brief

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Parties

A

Applicant

B

Applicant

X

1st Respondent

Z (through her Children's Guardian)

2nd Respondent

Procedural Posture

Parental Order Application (surrogacy) / Final Judgment

Legal Issues

  1. 1 Whether the statutory criteria for a parental order under section 54 HFEA 2008 are met, including time limit, domicile, consent, and payments beyond reasonable expenses
  2. 2 Whether public policy concerns preclude the making of a parental order given the applicants' conduct and the jurisdictions involved

Ratio Decidendi

The statutory criteria for a parental order under section 54 HFEA 2008 are met on the facts, including the child's welfare, domicile, consent, and payments. The delay in application is negligible and explained. Public policy concerns do not reach the threshold to refuse the order. Z's welfare requires the making of a parental order.

Court Disposition

Parental order granted

Orders

  • A parental order is made in favour of A and B in respect of Z.
  • Any payments beyond reasonable expenses are authorised by the court.