LB & Anor v SP & Ors

LB & Anor v SP & Ors

The court found that all statutory criteria under s.54 HFEA 2008 were satisfied, including biological connection, domicile, age, and that B's home was with the applicants. The delay in application was justified by the applicants' good faith, the context of the law at the time, and lack of bad faith. Valid consent was established by notarised documents and legal advice. Payments to the surrogate were not disproportionate or improper. B's lifelong welfare needs required the making of a Parental Order, which would secure her legal status and emotional security.

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 (surrogacy) / Final Judgment
Outcome
Parental Order granted.
Legal Topics
Parental Orders, Surrogacy Arrangements, Consent, Welfare of the Child, Time Limits for Applications
Family Law Surrogacy Parental Orders Surrogacy Arrangements Consent Welfare of the Child Time Limits for Applications

Case Brief

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Parties

LB

Applicant

DB

Applicant

SP

Respondent

SRP

Respondent

B

Respondent

Procedural Posture

Parental Order Application (surrogacy) / Final 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 filed outside the six-month time limit
  3. 3 Whether valid consent was given by the surrogate and her husband

Ratio Decidendi

The court found that all statutory criteria under s.54 HFEA 2008 were satisfied, including biological connection, domicile, age, and that B's home was with the applicants. The delay in application was justified by the applicants' good faith, the context of the law at the time, and lack of bad faith. Valid consent was established by notarised documents and legal advice. Payments to the surrogate were not disproportionate or improper. B's lifelong welfare needs required the making of a Parental Order, which would secure her legal status and emotional security.

Court Disposition

Parental Order granted.

Orders

  • A Parental Order is made in respect of B, conferring joint and equal legal parenthood and parental responsibility on LB and DB.
  • All residual parental rights of the surrogate mother and her husband are extinguished.