IJ (A Child), Re

IJ (A Child), Re

The court granted the parental order as all statutory conditions under Section 54 of the Human Fertilisation and Embryology Act 2008 were satisfied, payments were retrospectively approved, and the best interests of the child required the order.

Parties
Applicant: Applicants; Subject: IJ (A Child)
Jurisdiction
England and Wales
Judgment Date
19 April 2011
Procedural Posture
Parental Order Application / Final Judgment
Outcome
Parental order granted
Legal Topics
Surrogacy, Parental Orders, Citizenship, Adoption
Family Law Immigration Law Surrogacy Parental Orders Citizenship Adoption

Case Brief

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Parties

Applicants

Applicant

IJ (A Child)

Subject

Procedural Posture

Parental Order Application / Final Judgment

Legal Issues

  1. 1 Validity of overseas surrogacy agreements under UK law
  2. 2 Satisfaction of qualifying conditions for parental order
  3. 3 Approval of payments beyond reasonable expenses

Ratio Decidendi

The court granted the parental order as all statutory conditions under Section 54 of the Human Fertilisation and Embryology Act 2008 were satisfied, payments were retrospectively approved, and the best interests of the child required the order.

Court Disposition

Parental order granted

Orders

  • Parental order made under Section 54 of the Human Fertilisation and Embryology Act 2008
  • Retrospective approval of payments beyond reasonable expenses