A & B (Parental Order Domicile), Re

A & B (Parental Order Domicile), Re

The applicants satisfied all the statutory criteria under section 54 HFEA 2008, including domicile of choice in England and Wales, valid consent from the surrogate mother, and the welfare of the child. The court authorised the payment to the surrogate mother as it was made in good faith and did not overbear her will. The welfare of the child required the making of a parental order to secure his lifelong security and stability.

Parties
Applicant: A; Applicant: B; Respondent: SA
Jurisdiction
England and Wales
Judgment Date
14 February 2013
Procedural Posture
Family Law Parental Order (surrogacy) / Final Judgment
Outcome
Parental order granted in favour of the applicants
Legal Topics
Parental Orders, Surrogacy, Domicile, Consent, Welfare of the Child
Family Law Parental Orders Surrogacy Domicile Consent Welfare of the Child

Case Brief

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Parties

A

Applicant

B

Applicant

SA

Respondent

Procedural Posture

Family Law Parental Order (surrogacy) / Final Judgment

Legal Issues

  1. 1 Whether the applicants satisfy the criteria for a parental order under section 54 Human Fertilisation and Embryology Act 2008
  2. 2 Whether the applicants have acquired domicile of choice in England and Wales
  3. 3 Whether the payments made to the surrogate mother should be authorised by the court

Ratio Decidendi

The applicants satisfied all the statutory criteria under section 54 HFEA 2008, including domicile of choice in England and Wales, valid consent from the surrogate mother, and the welfare of the child. The court authorised the payment to the surrogate mother as it was made in good faith and did not overbear her will. The welfare of the child required the making of a parental order to secure his lifelong security and stability.

Court Disposition

Parental order granted in favour of the applicants

Orders

  • Parental order made under section 54 HFEA 2008
  • Authorisation of payment to surrogate mother