A-B, Re

A-B, Re

The requirements under s.54 are satisfied, payments made to the surrogate do not reach the threshold of abuse of public policy, and the welfare of the child decisively outweighs public policy concerns; therefore, a parental order is granted.

Parties
Applicant: A; Applicant: B; Respondent: C
Jurisdiction
England and Wales
Judgment Date
13 August 2020
Procedural Posture
Parental Order Application / Final Judgment
Outcome
Parental order granted in favour of applicants.
Legal Topics
Parental Orders, Public Policy, Consent, Payments to Surrogate, Recognition of Foreign Birth Certificates
Family Law Surrogacy Parental Orders Public Policy Consent Payments to Surrogate Recognition of Foreign Birth Certificates

Case Brief

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Parties

A

Applicant

B

Applicant

C

Respondent

Procedural Posture

Parental Order Application / Final Judgment

Legal Issues

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

Ratio Decidendi

The requirements under s.54 are satisfied, payments made to the surrogate do not reach the threshold of abuse of public policy, and the welfare of the child decisively outweighs public policy concerns; therefore, a parental order is granted.

Court Disposition

Parental order granted in favour of applicants.

Orders

  • Parental order made conferring joint and equal legal parenthood and parental responsibility on applicants.
  • British birth certificate to be issued for X reflecting applicants as parents.