X & Y (Foreign Surrogacy), Re

X & Y (Foreign Surrogacy), Re

The applicants satisfied all statutory requirements for a parental order, including obtaining the requisite consents and authorisation for payments exceeding reasonable expenses, and the welfare of the children required lifelong membership in the applicants' family; thus, the parental order was granted.

Source-derived case information.

Parties
Applicant: Applicants; Respondent: Children
Jurisdiction
England and Wales
Judgment Date
09 December 2008
Procedural Posture
Parental Order Application (foreign Surrogacy) / Final Judgment
Outcome
parental order granted
Legal Topics
Surrogacy, Parental Orders, Statelessness, Conflict of Laws, Commercial Surrogacy, Consent Requirements
Family Law Private International Law Surrogacy Parental Orders Statelessness Conflict of Laws Commercial Surrogacy Consent Requirements

Source-derived case record

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Parties

Applicants

Applicant

Children

Respondent

Procedural Posture

Parental Order Application (foreign Surrogacy) / Final Judgment

Legal Issues

  1. 1 Whether parental order can be granted where surrogacy occurred abroad and payments exceeded reasonable expenses
  2. 2 Whether consent of surrogate mother's husband is required under English law
  3. 3 Whether payments made to surrogate mother offend public policy

Ratio Decidendi

The applicants satisfied all statutory requirements for a parental order, including obtaining the requisite consents and authorisation for payments exceeding reasonable expenses, and the welfare of the children required lifelong membership in the applicants' family; thus, the parental order was granted.

Court Disposition

parental order granted

Orders

  • Parental order pursuant to Section 30 of the Human Fertilisation and Embryology Act 1990 in favour of both applicants
  • Authorisation of payments exceeding reasonable expenses under Section 30(7)