C (A Child), Re

C (A Child), Re

The Applicants met all statutory requirements under section 54 HFEA 2008, including domicile, use of gametes, consent, and application timing. The payments made were not disproportionate or contrary to public policy, and the Applicants acted in good faith. The child's lifelong welfare required the making of a parental order to secure his legal status and identity.

Parties
Applicant: AB; Applicant: DE; Respondent: First Respondent; Respondent: Second Respondent
Jurisdiction
England and Wales
Judgment Date
15 May 2013
Procedural Posture
Parental Order Application (family) / Judgment After Hearing of Application for Parental Order
Outcome
Parental order granted
Legal Topics
Parental Orders, Surrogacy, International Surrogacy, Legal Parentage, Child Welfare
Family Law Parental Orders Surrogacy International Surrogacy Legal Parentage Child Welfare

Case Brief

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Parties

AB

Applicant

DE

Applicant

First Respondent

Respondent

Second Respondent

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the statutory criteria under section 54 Human Fertilisation and Embryology Act 2008 are satisfied for granting a parental order
  2. 2 Whether the payments made to the surrogate and agency should be authorised by the court
  3. 3 Whether granting the parental order is in the lifelong welfare interests of the child

Ratio Decidendi

The Applicants met all statutory requirements under section 54 HFEA 2008, including domicile, use of gametes, consent, and application timing. The payments made were not disproportionate or contrary to public policy, and the Applicants acted in good faith. The child's lifelong welfare required the making of a parental order to secure his legal status and identity.

Court Disposition

Parental order granted

Orders

  • A parental order is made in favour of the Applicants, recognising them as the legal parents of the child C.