B & Anor v D & Anor [2025] EWFC 366 (29 October 2025)
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, and making a parental order was in H's lifelong welfare interests.
- Citation
- [2025] EWFC 366
- 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 (surrogacy) / Final Judgment
- Outcome
- Parental order granted in favour of the applicants in relation to H.
- Legal Topics
- Surrogacy, Parental Orders, Dispensing With Consent, Child Welfare, Human Fertilisation and Embryology Act 2008
Case Brief
Summary, issues, holding and outcome
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Parties
B
Applicant
C
Applicant
D
Respondent
H (by her Children's Guardian)
Respondent
Procedural Posture
Parental Order Application (surrogacy) / Final Judgment
Legal Issues
- 1 Whether the statutory criteria for a parental order under s54 HFEA 2008 are met
- 2 Whether the surrogate's consent can be dispensed with under s54(7) HFEA 2008
- 3 Whether payments made were 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, 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 respect of H.
Full Case Text
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