Re JV

Re JV

The applicants met all statutory requirements for a parental order, including domicile, consent, and welfare. Payments made to the surrogate were not disproportionate or exploitative and were authorised. The lifelong welfare of the children required the making of a parental order.

Parties
First Applicant: JV; Second Applicant: OV; Respondent: AR
Jurisdiction
England and Wales
Judgment Date
14 July 2014
Procedural Posture
Family / Judgment on Application for Parental Order
Outcome
Parental order granted
Legal Topics
Surrogacy, Parental Orders, Domicile, Consent, Payments to Surrogates
Family Law Surrogacy Parental Orders Domicile Consent Payments to Surrogates

Case Brief

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Parties

JV

First Applicant

OV

Second Applicant

AR

Respondent

Procedural Posture

Family / Judgment on Application for Parental Order

Legal Issues

  1. 1 Whether the criteria under section 54 Human Fertilisation & Embryology Act 2008 are met
  2. 2 Whether the lifelong welfare needs of the children will be met by making a parental order under section 1 Adoption and Children Act 2002
  3. 3 Whether payments made to the surrogate mother should be authorised

Ratio Decidendi

The applicants met all statutory requirements for a parental order, including domicile, consent, and welfare. Payments made to the surrogate were not disproportionate or exploitative and were authorised. The lifelong welfare of the children required the making of a parental order.

Court Disposition

Parental order granted

Orders

  • Parental order made in relation to both children, AX and AY