A-B, Re [2020] EWFC 81 (13 August 2020)

A-B, Re [2020] EWFC 81 (13 August 2020)

The requirements of s.54 Human Fertilisation and Embryology Act 2008 are satisfied, including biological connection, consent, domicile, and welfare. Payments made to the surrogate were not disproportionate and did not overbear her will. Public policy concerns do not reach the exceptional threshold to outweigh the welfare of the child, which is paramount. Therefore, a parental order is granted.

Citation
[2020] EWFC 81
Parties
Applicant: A; Applicant: B; Respondent: C
Jurisdiction
England and Wales
Judgment Date
13 August 2020
Procedural Posture
Parental Order Application Under S.54 Human Fertilisation and Embryology Act 2008 / Final Hearing and Judgment
Outcome
Parental order granted in favour of the applicants.
Legal Topics
Parental Orders, Surrogacy, Public Policy, Consent, Welfare of the Child
Family Law Reproductive Law Parental Orders Surrogacy Public Policy Consent Welfare of the Child

Case Brief

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Parties

A

Applicant

B

Applicant

C

Respondent

Procedural Posture

Parental Order Application Under S.54 Human Fertilisation and Embryology Act 2008 / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the requirements for a parental order under s.54 Human Fertilisation and Embryology Act 2008 are met
  2. 2 Whether payments made to the surrogate require authorisation under s.54(8)
  3. 3 Whether public policy considerations preclude the making of a parental order

Ratio Decidendi

The requirements of s.54 Human Fertilisation and Embryology Act 2008 are satisfied, including biological connection, consent, domicile, and welfare. Payments made to the surrogate were not disproportionate and did not overbear her will. Public policy concerns do not reach the exceptional threshold to outweigh the welfare of the child, which is paramount. Therefore, a parental order is granted.

Court Disposition

Parental order granted in favour of the applicants.

Orders

  • A parental order is made in respect of X, conferring joint and equal legal parenthood and parental responsibility on the applicants.
  • The parental status and responsibility of the respondent (C) are extinguished under English law.