CC v DD

CC v DD

The requirements of section 54 HFEA 2008 are satisfied: Ms C retains her UK domicile of origin, the application was made within six months, the child’s home is with the applicants, both are over 18, valid consents were given, and payments to the surrogate are authorised as reasonable and not exploitative. The US adoption order does not preclude a UK parental order, and Q’s welfare is best secured by making the order.

Parties
Applicant: CC; Respondent: DD
Jurisdiction
England and Wales
Judgment Date
14 February 2014
Procedural Posture
Parental Order Application (surrogacy) / Judgment on Application for Parental Order
Outcome
Parental order granted
Legal Topics
Surrogacy, Parental Orders, Domicile, Recognition of Foreign Adoptions, Child Welfare
Family Law International Private Law Surrogacy Parental Orders Domicile Recognition of Foreign Adoptions Child Welfare

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Parties

CC

Applicant

DD

Respondent

Procedural Posture

Parental Order Application (surrogacy) / Judgment on Application for Parental Order

Legal Issues

  1. 1 Whether the requirements of section 54 of the Human Fertilisation & Embryology Act 2008 are satisfied for a parental order in an international surrogacy context
  2. 2 Whether the US adoption order precludes or affects the making of a parental order in the UK
  3. 3 Whether payments made to the surrogate require and merit authorisation under section 54(8) HFEA 2008

Ratio Decidendi

The requirements of section 54 HFEA 2008 are satisfied: Ms C retains her UK domicile of origin, the application was made within six months, the child’s home is with the applicants, both are over 18, valid consents were given, and payments to the surrogate are authorised as reasonable and not exploitative. The US adoption order does not preclude a UK parental order, and Q’s welfare is best secured by making the order.

Court Disposition

Parental order granted

Orders

  • A parental order is made in favour of the applicants, CC and her husband, in respect of the child Q.
  • Payments made to the surrogate and associated parties are authorised under section 54(8) HFEA 2008.