A & B (Parental Order Domicile), Re [2013] EWHC 426 (Fam) (14 February 2013)

A & B (Parental Order Domicile), Re [2013] EWHC 426 (Fam) (14 February 2013)

The applicants satisfied all statutory criteria under section 54 HFEA 2008, including domicile of choice in England and Wales, valid consent from the surrogate, and that the welfare of the child required the making of a parental order. The court exercised its discretion to authorise the payment to the surrogate as...

Source-derived case information.

Citation
[2013] EWHC 426 (Fam)
Parties
Applicant: A; Applicant: B; Respondent: SA; Advocate to the Court: Ms Penny Logan (Cafcass Legal)
Jurisdiction
England and Wales
Judgment Date
14 February 2013
Procedural Posture
Parental Order Application (surrogacy) / Final Hearing and Judgment
Outcome
Parental order granted in favour of the applicants.
Legal Topics
Parental Orders, Domicile, Surrogacy Agreements, Consent, Public Policy in Surrogacy, Welfare of the Child
Family Law Surrogacy Law Parental Orders Domicile Surrogacy Agreements Consent Public Policy in Surrogacy Welfare of the Child

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Summary, issues, holding and outcome

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Parties

A

Applicant

B

Applicant

SA

Respondent

Ms Penny Logan (Cafcass Legal)

Advocate to the Court

Procedural Posture

Parental Order Application (surrogacy) / Final Hearing and 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 statutory criteria under section 54 HFEA 2008, including domicile of choice in England and Wales, valid consent from the surrogate, and that the welfare of the child required the making of a parental order. The court exercised its discretion to authorise the payment to the surrogate as the applicants acted in good faith and the arrangement was legal in India.

Court Disposition

Parental order granted in favour of the applicants.

Orders

  • Parental order made under section 54 Human Fertilisation and Embryology Act 2008 in favour of A and B.
  • Authorisation of payment to the surrogate mother.