B (Foreign Surrogacy), Re [2016] EWFC 77 (29 September 2016)

B (Foreign Surrogacy), Re [2016] EWFC 77 (29 September 2016)

The court found all statutory criteria under s.54 HFEA 2008 were met, including biological connection, domicile, age, home with applicants, valid consent, and permissible payments. The delay in application was justified by the applicants' good faith, the context of the law at the time, and the absence of prejudice. The welfare of B required the making of a Parental Order to secure her legal and emotional security within her family.

Citation
[2016] EWFC 77
Parties
Applicant: LB; Applicant: DB; Respondent: SP; Respondent: SRP; Respondent: B
Jurisdiction
England and Wales
Judgment Date
29 September 2016
Procedural Posture
Parental Order Application (family Court) / Final Hearing and Judgment
Outcome
Parental Order granted.
Legal Topics
Parental Orders, Surrogacy Arrangements, Consent Requirements, Time Limits for Applications, Payments to Surrogates, Child Welfare
Family Law Surrogacy Law Parental Orders Surrogacy Arrangements Consent Requirements Time Limits for Applications Payments to Surrogates Child Welfare

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Parties

LB

Applicant

DB

Applicant

SP

Respondent

SRP

Respondent

B

Respondent

Procedural Posture

Parental Order Application (family Court) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the statutory criteria under s.54 Human Fertilization and Embryology Act 2008 are met for granting a Parental Order
  2. 2 Whether the application can proceed despite being made outside the six-month time limit
  3. 3 Whether valid consent was given by the surrogate and her husband

Ratio Decidendi

The court found all statutory criteria under s.54 HFEA 2008 were met, including biological connection, domicile, age, home with applicants, valid consent, and permissible payments. The delay in application was justified by the applicants' good faith, the context of the law at the time, and the absence of prejudice. The welfare of B required the making of a Parental Order to secure her legal and emotional security within her family.

Court Disposition

Parental Order granted.

Orders

  • A Parental Order is made in respect of B, extinguishing the parental rights of the surrogate and her husband and conferring joint and equal legal parenthood and parental responsibility on the applicants.