Re H (Anonymous Surrogacy)

Re H (Anonymous Surrogacy)

The court was satisfied on the balance of probabilities that the surrogate could not be found despite all reasonable steps, the statutory criteria under s54 HFEA 2008 were met, payments were for expenses reasonably incurred or otherwise authorised, and making a parental order was in H's lifelong welfare interests.

Parties
Applicant: B; Applicant: C; Respondent: D; Respondent: H (by her Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
29 October 2025
Procedural Posture
Parental Order Application (family Law, Surrogacy) / Final Judgment
Outcome
Parental order granted in favour of the applicants in relation to H.
Legal Topics
Parental Orders, Surrogacy Arrangements, Dispensing With Consent, Child Welfare, Domicile, International Surrogacy, Immigration Consequences
Family Law Surrogacy Parental Orders Surrogacy Arrangements Dispensing With Consent Child Welfare Domicile International Surrogacy +1 more

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Parties

B

Applicant

C

Applicant

D

Respondent

H (by her Children’s Guardian)

Respondent

Procedural Posture

Parental Order Application (family Law, Surrogacy) / Final Judgment

Legal Issues

  1. 1 Whether the statutory criteria for a parental order under s54 Human Fertilisation and Embryology Act 2008 are met
  2. 2 Whether the surrogate can be found for the purposes of dispensing with consent under s54(7)
  3. 3 Whether payments made were only for expenses reasonably incurred

Ratio Decidendi

The court was satisfied on the balance of probabilities that the surrogate could not be found despite all reasonable steps, the statutory criteria under s54 HFEA 2008 were met, payments were for expenses reasonably incurred or otherwise authorised, and making a parental order was in H's lifelong welfare interests.

Court Disposition

Parental order granted in favour of the applicants in relation to H.

Orders

  • A parental order is made in favour of B and C in relation to H.
  • Payments made to the clinic and surrogate are authorised to the extent they were not for expenses reasonably incurred.