AB v CD (Surrogacy: Time Limit and Consent) [2015] EWFC 12 (13 February 2015)

AB v CD (Surrogacy: Time Limit and Consent) [2015] EWFC 12 (13 February 2015)

A parental order can be made despite the absence of the surrogate mother's consent and the application being out of time, provided all reasonable steps have been taken to locate her, the statutory criteria are otherwise met, and the welfare of the children requires the order.

Citation
[2015] EWFC 12
Parties
Applicant: AB; Applicant: CD; Respondent: CT
Jurisdiction
England and Wales
Judgment Date
13 February 2015
Procedural Posture
Parental Order Application (surrogacy) / Final Judgment
Outcome
Parental orders granted for both children.
Legal Topics
Surrogacy, Parental Orders, Consent in Surrogacy, Time Limits for Parental Orders, Welfare of the Child
Family Law Surrogacy Parental Orders Consent in Surrogacy Time Limits for Parental Orders Welfare of the Child

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Parties

AB

Applicant

CD

Applicant

CT

Respondent

Procedural Posture

Parental Order Application (surrogacy) / Final Judgment

Legal Issues

  1. 1 Whether a parental order can be made when the surrogate mother has not had notice and has not consented to the application
  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 time limit

Ratio Decidendi

A parental order can be made despite the absence of the surrogate mother's consent and the application being out of time, provided all reasonable steps have been taken to locate her, the statutory criteria are otherwise met, and the welfare of the children requires the order.

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.