AB (Foreign Surrogacy -Children Out of The Jurisdiction)

AB (Foreign Surrogacy -Children Out of The Jurisdiction)

The court found that all statutory criteria under s.54 HFEA 2008 were satisfied, including biological connection, domicile, consent, and welfare. The evidence established the applicants' domicile of choice in the UK, the surrogate and her husband gave informed consent, payments were either for expenses or authorised, and the welfare of the children required the making of parental orders. The SSHD was given notice but made no representations, and parental orders were granted.

Parties
Applicant: A; Applicant: B; Respondent: C; Respondent: D; Respondent: The Children
Jurisdiction
England and Wales
Judgment Date
22 February 2019
Procedural Posture
Family / Final Judgment
Outcome
parental orders granted
Legal Topics
Parental Order, Surrogacy, Domicile, Consent, Child Welfare, Immigration Status
Family Law Immigration Law Parental Order Surrogacy Domicile Consent Child Welfare Immigration Status

Case Brief

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Parties

A

Applicant

B

Applicant

C

Respondent

D

Respondent

The Children

Respondent

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether the criteria under s.54 of the Human Fertilisation and Embryology Act 2008 are satisfied for making a parental order
  2. 2 Whether the lifelong welfare needs of the children require the making of a parental order
  3. 3 Whether payments made in connection with the surrogacy arrangement should be authorised

Ratio Decidendi

The court found that all statutory criteria under s.54 HFEA 2008 were satisfied, including biological connection, domicile, consent, and welfare. The evidence established the applicants' domicile of choice in the UK, the surrogate and her husband gave informed consent, payments were either for expenses or authorised, and the welfare of the children required the making of parental orders. The SSHD was given notice but made no representations, and parental orders were granted.

Court Disposition

parental orders granted

Orders

  • Parental orders made for the children under s.54 HFEA 2008
  • Applicants to notify Local Authority upon children's arrival in the UK for welfare assessment