X (Foreign Surrogacy: Child's Name), Re

X (Foreign Surrogacy: Child's Name), Re

The statutory requirements for a parental order under section 54 HFEA 2008 were met, including consent, domicile, and welfare. The payments to the surrogate were within the range authorised by the court and made in good faith. The child's welfare required the making of the order, and the applicants could change the child's name via the parental order process.

Parties
Applicant: CH; Applicant: NM; Respondent: SM; Respondent: MM; Respondent: X (by his Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
21 January 2016
Procedural Posture
Parental Order Application (family) / Judgment After Hearing
Outcome
Parental order granted
Legal Topics
Parental Orders, International Surrogacy, Child Welfare, Consent, Payments to Surrogate, Change of Name
Family Law Surrogacy Parental Orders International Surrogacy Child Welfare Consent Payments to Surrogate Change of Name

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

CH

Applicant

NM

Applicant

SM

Respondent

MM

Respondent

X (by his Children's Guardian)

Respondent

Procedural Posture

Parental Order Application (family) / Judgment After Hearing

Legal Issues

  1. 1 Whether the statutory criteria for a parental order under section 54 Human Fertilisation and Embryology Act 2008 are met
  2. 2 Whether payments to the surrogate mother should be authorised
  3. 3 Whether the welfare of the child requires the making of a parental order

Ratio Decidendi

The statutory requirements for a parental order under section 54 HFEA 2008 were met, including consent, domicile, and welfare. The payments to the surrogate were within the range authorised by the court and made in good faith. The child's welfare required the making of the order, and the applicants could change the child's name via the parental order process.

Court Disposition

Parental order granted

Orders

  • A parental order is made in favour of CH and NM in respect of X.
  • The applicants may register X with the new family name as requested.