C (A Child), Re [2013] EWHC 2413 (Fam) (15 May 2013)

C (A Child), Re [2013] EWHC 2413 (Fam) (15 May 2013)

The statutory criteria for a parental order under s54 HFEA 2008 were satisfied, including valid consent from both Respondents and appropriate domicile and care arrangements. The payments made to the surrogate and agency, though including compensation and profit, were not disproportionate or contrary to public policy given Russian legal context and evidence of good faith. Granting the parental order was necessary to secure the child's lifelong welfare and legal status.

Citation
[2013] EWHC 2413 (Fam)
Parties
Applicant: AB; Respondent: DE
Jurisdiction
England and Wales
Judgment Date
15 May 2013
Procedural Posture
Parental Order Application (family) / Final Judgment After Hearing
Outcome
Parental order granted
Legal Topics
Parental Orders, International Surrogacy, Consent Requirements, Payments to Surrogate, Child Welfare
Family Law Surrogacy Parental Orders International Surrogacy Consent Requirements Payments to Surrogate Child Welfare

Case Brief

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Parties

AB

Applicant

DE

Respondent

Procedural Posture

Parental Order Application (family) / Final Judgment After Hearing

Legal Issues

  1. 1 Whether the statutory criteria under s54 Human Fertilisation and Embryology Act 2008 are met for a parental order
  2. 2 Whether payments made to the surrogate and agency should be authorised under s54(8) HFEA 2008
  3. 3 Whether granting a parental order is in the child's lifelong welfare interests

Ratio Decidendi

The statutory criteria for a parental order under s54 HFEA 2008 were satisfied, including valid consent from both Respondents and appropriate domicile and care arrangements. The payments made to the surrogate and agency, though including compensation and profit, were not disproportionate or contrary to public policy given Russian legal context and evidence of good faith. Granting the parental order was necessary to secure the child's lifelong welfare and legal status.

Court Disposition

Parental order granted

Orders

  • Parental order made in favour of Applicants AB and spouse regarding child C
  • Payments to surrogate and agency authorised under s54(8) HFEA 2008