A & B (Children) (Surrogacy: Parental orders: time limits)

A & B (Children) (Surrogacy: Parental orders: time limits)

The court has discretion to grant parental orders outside the statutory six-month time limit where the delay was innocent and not abusive of public policy, and where the welfare of the children throughout their lives is best served by parental orders rather than adoption. Payments made in US commercial surrogacy arrangements are retrospectively authorised as they were made in good faith, within lawful US procedures, and do not offend UK public policy. Parental orders are the most appropriate and permanent solution for the children's identity, welfare, and legal status.

Parties
Applicant: D; Applicant: G; Respondent: ED; Respondent: DD; Child: A; Child: B
Jurisdiction
England and Wales
Judgment Date
01 April 2015
Procedural Posture
Application for Parental Orders (originally Adoption) / Judgment
Outcome
Parental orders granted for both children, applications allowed despite delay.
Legal Topics
Parental Orders, Surrogacy, Adoption, Child Welfare, Statutory Interpretation, Public Policy, International Surrogacy, Delay in Application, Identity and Family Life
Family Law Child Law Human Rights Parental Orders Surrogacy Adoption Child Welfare Statutory Interpretation +4 more

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Parties

D

Applicant

G

Applicant

ED

Respondent

DD

Respondent

A

Child

B

Child

Procedural Posture

Application for Parental Orders (originally Adoption) / Judgment

Legal Issues

  1. 1 Whether parental orders can be granted outside the statutory six-month time limit under s54(3) HFEA 2008
  2. 2 Whether payments made in US commercial surrogacy arrangements can be retrospectively authorised under s54(8) HFEA 2008
  3. 3 Whether parental orders or adoption orders best serve the lifelong welfare and identity of the children

Ratio Decidendi

The court has discretion to grant parental orders outside the statutory six-month time limit where the delay was innocent and not abusive of public policy, and where the welfare of the children throughout their lives is best served by parental orders rather than adoption. Payments made in US commercial surrogacy arrangements are retrospectively authorised as they were made in good faith, within lawful US procedures, and do not offend UK public policy. Parental orders are the most appropriate and permanent solution for the children's identity, welfare, and legal status.

Court Disposition

Parental orders granted for both children, applications allowed despite delay.

Orders

  • Parental orders made for A and B in favour of D and G.
  • Payments made to respondents and agency in US surrogacy arrangements retrospectively authorised under s54(8) HFEA 2008.