C & Anor v E (International Surrogacy and Domestic Adoption)

C & Anor v E (International Surrogacy and Domestic Adoption)

On the evidence, the applicants did not have a settled intention to adopt G at the time of entering into the surrogacy agreement or bringing G to the UK; agreements and payments were for surrogacy, not adoption. No breach of ss.83, 92, or 95 of the Adoption and Children Act 2002 occurred. The applicants and G meet eligibility criteria, respondent consented, and G's best interests require an adoption order.

Parties
Applicant: C; Applicant: D; Respondent: E
Jurisdiction
England and Wales
Judgment Date
31 March 2025
Procedural Posture
Adoption / Final Judgment
Outcome
adoption order granted
Legal Topics
Domestic Adoption of Foreign Children, Surrogacy Arrangements, Parental Responsibility, Habitual Residence, Payments in Adoption, Consent to Adoption
Family Law Adoption International Surrogacy Domestic Adoption of Foreign Children Surrogacy Arrangements Parental Responsibility Habitual Residence Payments in Adoption +1 more

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Parties

C

Applicant

D

Applicant

E

Respondent

Procedural Posture

Adoption / Final Judgment

Legal Issues

  1. 1 Whether ss.83, 92, and 95 of the Adoption and Children Act 2002 are engaged in the context of international surrogacy and domestic adoption
  2. 2 Whether payments made in the surrogacy arrangement constitute prohibited payments under s.95
  3. 3 Whether the applicants brought the child into the jurisdiction for the purpose of adoption contrary to s.83

Ratio Decidendi

On the evidence, the applicants did not have a settled intention to adopt G at the time of entering into the surrogacy agreement or bringing G to the UK; agreements and payments were for surrogacy, not adoption. No breach of ss.83, 92, or 95 of the Adoption and Children Act 2002 occurred. The applicants and G meet eligibility criteria, respondent consented, and G's best interests require an adoption order.

Court Disposition

adoption order granted

Orders

  • Adoption order in respect of G in favour of the applicants
  • Applicants to ensure G knows circumstances of birth and conception