AB (Surrogacy; Domicile) [2016] EWFC 63 (07 March 2016)

AB (Surrogacy; Domicile) [2016] EWFC 63 (07 March 2016)

The applicants satisfied all statutory criteria under Section 54 HFEA 2008, including domicile, consent, and payment requirements. The evidence established that CD had acquired and retained a domicile of choice in England. Authorisation of payments was justified as they were reasonable and made in good faith. Parental Orders were necessary to secure the children's lifelong welfare and legal status.

Citation
[2016] EWFC 63
Parties
Applicant: AB; Applicant: CD; Respondent: GH
Jurisdiction
England and Wales
Judgment Date
07 March 2016
Procedural Posture
Parental Order Application (family Court) / Final Judgment
Outcome
Parental Orders granted in favour of the applicants for both children.
Legal Topics
Surrogacy, Parental Orders, Domicile, Child Welfare, Consent, Payments to Surrogates
Family Law Surrogacy Parental Orders Domicile Child Welfare Consent Payments to Surrogates

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Parties

AB

Applicant

CD

Applicant

GH

Respondent

Procedural Posture

Parental Order Application (family Court) / Final Judgment

Legal Issues

  1. 1 Whether the statutory requirements under Section 54 Human Fertilisation and Embryology Act 2008 are satisfied for the making of Parental Orders
  2. 2 Whether at least one applicant is domiciled in the jurisdiction
  3. 3 Whether payments made to the surrogate and agency should be authorised

Ratio Decidendi

The applicants satisfied all statutory criteria under Section 54 HFEA 2008, including domicile, consent, and payment requirements. The evidence established that CD had acquired and retained a domicile of choice in England. Authorisation of payments was justified as they were reasonable and made in good faith. Parental Orders were necessary to secure the children's lifelong welfare and legal status.

Court Disposition

Parental Orders granted in favour of the applicants for both children.

Orders

  • Parental Orders made for children E and F in favour of AB and CD.
  • Payments to surrogate and agency authorised.