Re Z (Foreign Surrogacy)

Re Z (Foreign Surrogacy)

The statutory criteria for a parental order under section 54 HFEA 2008 are met or should be deemed met in this case. The application, though late, was only negligibly so and justified by the circumstances. A is domiciled in the UK. X's consent is valid and informed. Payments beyond reasonable expenses are authorised. Public policy concerns do not reach the threshold to bar the order. Z's welfare requires the making of a parental order.

Parties
Applicant: A; Applicant: B; 1st Respondent: X; 2nd Respondent: Z (through her Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
29 October 2024
Procedural Posture
Parental Order Application (surrogacy) / Final Judgment
Outcome
Parental order granted
Legal Topics
Surrogacy, Parental Orders, Domicile, Consent, Public Policy, Payments to Surrogates
Family Law Surrogacy Parental Orders Domicile Consent Public Policy Payments to Surrogates

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
  2. 2 Whether the application can proceed despite being made outside the six-month time limit
  3. 3 Whether at least one applicant was domiciled in the jurisdiction at the time of application

Ratio Decidendi

The statutory criteria for a parental order under section 54 HFEA 2008 are met or should be deemed met in this case. The application, though late, was only negligibly so and justified by the circumstances. A is domiciled in the UK. X's consent is valid and informed. Payments beyond reasonable expenses are authorised. Public policy concerns do not reach the threshold to bar 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.