C & Anor v E (International Surrogacy and Domestic Adoption) [2025] EWFC 68 (31 March 2025)

C & Anor v E (International Surrogacy and Domestic Adoption) [2025] EWFC 68 (31 March 2025)

The court held that the statutory restrictions in ss.83, 92, and 95 of the Adoption and Children Act 2002 are engaged in international surrogacy cases where a domestic adoption order is sought for a foreign-born child. However, on the facts, any technical breach was outweighed by the paramount consideration of G's welfare, and the applicants met the eligibility and welfare requirements for an adoption order. The absence of a comprehensive international or domestic surrogacy regime does not preclude the making of an adoption order where the statutory criteria are satisfied and the child's best interests require it.

Citation
[2025] EWFC 68
Parties
Applicant: C and D; Respondent: E
Jurisdiction
England and Wales
Judgment Date
31 March 2025
Procedural Posture
Adoption Application (family Court) / Final Judgment After Full Argument
Outcome
Adoption order granted in favour of the applicants.
Legal Topics
International Surrogacy, Adoption of Foreign Born Child, Application of Adoption and Children Act 2002, Parental Responsibility, Habitual Residence, Prohibition of Payments in Adoption, Recognition of Foreign Parentage Orders
Family Law Adoption Law Surrogacy Law International Surrogacy Adoption of Foreign Born Child Application of Adoption and Children Act 2002 Parental Responsibility Habitual Residence +2 more

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Parties

C and D

Applicant

E

Respondent

Procedural Posture

Adoption Application (family Court) / Final Judgment After Full Argument

Legal Issues

  1. 1 Whether ss.83, 92, and 95 of the Adoption and Children Act 2002 are engaged in the context of an international surrogacy arrangement where the applicants seek a domestic adoption order for a foreign-born child
  2. 2 Whether the applicants' actions constituted breaches of restrictions on bringing children into the jurisdiction for adoption, arranging adoptions, or making prohibited payments under the 2002 Act
  3. 3 Whether the best interests of the child outweigh any public policy considerations arising from technical breaches of the 2002 Act

Ratio Decidendi

The court held that the statutory restrictions in ss.83, 92, and 95 of the Adoption and Children Act 2002 are engaged in international surrogacy cases where a domestic adoption order is sought for a foreign-born child. However, on the facts, any technical breach was outweighed by the paramount consideration of G's welfare, and the applicants met the eligibility and welfare requirements for an adoption order. The absence of a comprehensive international or domestic surrogacy regime does not preclude the making of an adoption order where the statutory criteria are satisfied and the child's best interests require it.

Court Disposition

Adoption order granted in favour of the applicants.

Orders

  • G is adopted by C and D under the Adoption and Children Act 2002.
  • All parental responsibility of the respondent surrogate mother is extinguished.