A, Re [2021] EWFC 103 (08 February 2021)

A, Re [2021] EWFC 103 (08 February 2021)

The applicant satisfied all statutory criteria under section 54A of the Human Fertilisation and Embryology Act 2008 for a parental order, including being Z's biological mother, having a domicile of choice in the UK, obtaining valid consents, and making only reasonable payments. The late application was permitted as it was in Z's best interests and not an abuse of public policy. The surrogacy arrangement was altruistic and lawful under Cambodian and Chinese law. The welfare of Z required the making of the parental order to secure her legal status and best interests.

Citation
[2021] EWFC 103
Parties
Applicant: A; Respondent: B; Respondent: C
Jurisdiction
England and Wales
Judgment Date
08 February 2021
Procedural Posture
Parental Order Application (family Court) / Final Hearing and Judgment
Outcome
Parental order granted to the applicant (A) in respect of Z.
Legal Topics
Parental Orders, Surrogacy, Domicile, Consent, Immigration Consequences, Altruistic Surrogacy
Family Law International Surrogacy Parental Orders Surrogacy Domicile Consent Immigration Consequences Altruistic Surrogacy

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Parties

A

Applicant

B

Respondent

C

Respondent

Procedural Posture

Parental Order Application (family Court) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the applicant satisfies the criteria under section 54A of the Human Fertilisation and Embryology Act 2008 for a parental order
  2. 2 Whether the application can be granted despite being made outside the six-month time limit
  3. 3 Whether the applicant has acquired a domicile of choice in the UK

Ratio Decidendi

The applicant satisfied all statutory criteria under section 54A of the Human Fertilisation and Embryology Act 2008 for a parental order, including being Z's biological mother, having a domicile of choice in the UK, obtaining valid consents, and making only reasonable payments. The late application was permitted as it was in Z's best interests and not an abuse of public policy. The surrogacy arrangement was altruistic and lawful under Cambodian and Chinese law. The welfare of Z required the making of the parental order to secure her legal status and best interests.

Court Disposition

Parental order granted to the applicant (A) in respect of Z.

Orders

  • A parental order is made in respect of Z to A.
  • All residual parental status and responsibility of B and C under English law is extinguished.