AB & Anor v CT (Surrogacy: Time Limit and Consent)

AB & Anor v CT (Surrogacy: Time Limit and Consent)

The court held that all statutory requirements for a parental order under section 54 HFEA 2008 were satisfied: the applicants acted in good faith, the children’s welfare demanded the order, all reasonable steps to locate the surrogate mother and obtain her consent had been taken, and the statutory time limit could be relaxed in these circumstances. The payments made were authorised retrospectively. The welfare of the children required the making of parental orders.

Parties
Applicant: AB; Applicant: CD; Respondent: CT
Jurisdiction
England and Wales
Judgment Date
13 February 2015
Procedural Posture
Parental Order Application (surrogacy) / Judgment After Hearing of Application for Parental Order
Outcome
Parental orders granted for both children.
Legal Topics
Parental Orders, Surrogacy Arrangements, Consent Requirements, Time Limits for Applications, Legal Parentage, Welfare of the Child
Family Law Surrogacy Law Parental Orders Surrogacy Arrangements Consent Requirements Time Limits for Applications Legal Parentage Welfare of the Child

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

AB

Applicant

CD

Applicant

CT

Respondent

Procedural Posture

Parental Order Application (surrogacy) / Judgment After Hearing of Application for Parental Order

Legal Issues

  1. 1 Whether the court can make a parental order where the surrogate mother has not had notice and has not consented
  2. 2 Whether the surrogate was married at the time of embryo transfer and the implications for legal parentage
  3. 3 Whether the application for a parental order can be made more than three years after the birth, contrary to the statutory six-month limit

Ratio Decidendi

The court held that all statutory requirements for a parental order under section 54 HFEA 2008 were satisfied: the applicants acted in good faith, the children’s welfare demanded the order, all reasonable steps to locate the surrogate mother and obtain her consent had been taken, and the statutory time limit could be relaxed in these circumstances. The payments made were authorised retrospectively. The welfare of the children required the making of parental orders.

Court Disposition

Parental orders granted for both children.

Orders

  • Parental order made in respect of each child in favour of the applicants.
  • Payments made to the surrogate mother retrospectively authorised.