C, Re (Surrogacy: Consent) (Rev1) [2023] EWCA Civ 16 (16 January 2023)

C, Re (Surrogacy: Consent) (Rev1) [2023] EWCA Civ 16 (16 January 2023)

The Appellant's consent to the parental order was not free or unconditional as required by s.54(6) HFEA 2008; it was given under pressure and in reliance on the promise of a child arrangements order. The court has no power to dispense with the surrogate's consent on welfare or human rights grounds. The parental order was therefore invalid and must be set aside.

Citation
[2023] EWCA Civ 16
Parties
Appellant: Appellant (Ms A); Respondents: Respondents
Jurisdiction
England and Wales
Judgment Date
16 January 2023
Procedural Posture
Appeal (family Law Parental Order) / Court of Appeal Judgment on Appeal From Family Court
Outcome
Appeal allowed; parental order set aside; application for parental order dismissed.
Legal Topics
Surrogacy, Parental Orders, Consent Requirements, Article 8 ECHR, Child Arrangements Orders
Family Law Human Rights Surrogacy Parental Orders Consent Requirements Article 8 ECHR Child Arrangements Orders

Case Brief

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Parties

Appellant (Ms A)

Appellant

Respondents

Respondents

Procedural Posture

Appeal (family Law Parental Order) / Court of Appeal Judgment on Appeal From Family Court

Legal Issues

  1. 1 Whether the surrogate's consent to a parental order was free and unconditional as required by s.54(6) HFEA 2008
  2. 2 Whether the court can dispense with the surrogate's consent on welfare or human rights grounds

Ratio Decidendi

The Appellant's consent to the parental order was not free or unconditional as required by s.54(6) HFEA 2008; it was given under pressure and in reliance on the promise of a child arrangements order. The court has no power to dispense with the surrogate's consent on welfare or human rights grounds. The parental order was therefore invalid and must be set aside.

Court Disposition

Appeal allowed; parental order set aside; application for parental order dismissed.

Orders

  • The appeal is allowed.
  • The parental order made on 11 August 2021 is set aside.