AY & Anor v ZX

AY & Anor v ZX

The court is not prevented from making a parental order under s.54 of the Human Fertilisation and Embryology Act 2008 where the children were conceived via home insemination pursuant to a private surrogacy arrangement, as there is no statutory requirement for insemination to occur in a licensed clinic. All statutory requirements under s.54 are satisfied, and it is in the children's best interests to grant the parental orders.

Parties
Applicant: AY; Applicant: BY; Respondent: ZX
Jurisdiction
England and Wales
Judgment Date
29 March 2023
Procedural Posture
Parental Order Application / Final Judgment
Outcome
applications for parental orders granted
Legal Topics
Surrogacy, Parental Orders, Artificial Insemination, Jurisdiction Under Human Fertilisation and Embryology Act 2008
Family Law Surrogacy Parental Orders Artificial Insemination Jurisdiction Under Human Fertilisation and Embryology Act 2008

Case Brief

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Parties

AY

Applicant

BY

Applicant

ZX

Respondent

Procedural Posture

Parental Order Application / Final Judgment

Legal Issues

  1. 1 Whether the court can make a parental order under s.54 of the Human Fertilisation and Embryology Act 2008 when insemination occurred via a private arrangement and not in a licensed clinic
  2. 2 Whether all statutory requirements under s.54 are satisfied

Ratio Decidendi

The court is not prevented from making a parental order under s.54 of the Human Fertilisation and Embryology Act 2008 where the children were conceived via home insemination pursuant to a private surrogacy arrangement, as there is no statutory requirement for insemination to occur in a licensed clinic. All statutory requirements under s.54 are satisfied, and it is in the children's best interests to grant the parental orders.

Court Disposition

applications for parental orders granted

Orders

  • Parental orders made in favour of AY and BY in respect of CY and DY