XW (Parental Order: Death of An Applicant), Re

XW (Parental Order: Death of An Applicant), Re

The statutory criteria for a parental order under s.54 HFEA 2008 are satisfied. The purposive and convention-compliant interpretation allows the order to be made despite the death of one applicant, ensuring XW's welfare, identity, and family life are protected. The surrogate's consent is valid, payments were lawful, and the domicile and home requirements are met.

Parties
Applicant: M; Applicant: F (deceased); Respondent: Y
Jurisdiction
England and Wales
Judgment Date
14 November 2024
Procedural Posture
Family / Final Judgment on Application for Parental Order
Outcome
Parental order granted to M and F (deceased) in respect of XW
Legal Topics
Parental Order, Surrogacy, Death of Applicant, Domicile, Consent, Child Welfare
Family Law Parental Order Surrogacy Death of Applicant Domicile Consent Child Welfare

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Parties

M

Applicant

F (deceased)

Applicant

Y

Respondent

Procedural Posture

Family / Final Judgment on Application for Parental Order

Legal Issues

  1. 1 Whether a parental order can be made following the death of one applicant
  2. 2 Whether statutory criteria under s.54 Human Fertilisation and Embryology Act 2008 are satisfied
  3. 3 Whether payments to surrogate were lawful and proportionate

Ratio Decidendi

The statutory criteria for a parental order under s.54 HFEA 2008 are satisfied. The purposive and convention-compliant interpretation allows the order to be made despite the death of one applicant, ensuring XW's welfare, identity, and family life are protected. The surrogate's consent is valid, payments were lawful, and the domicile and home requirements are met.

Court Disposition

Parental order granted to M and F (deceased) in respect of XW

Orders

  • Parental order made in favour of M and F (deceased) recognising them as XW's legal parents