A and L (Children), Re

A and L (Children), Re

The section 54 criteria are satisfied, payments to the surrogate were for expenses reasonably incurred and do not require authorisation, payments to the agency include a profit element but are not disproportionate or tainted, and the welfare of the children demands the parental order be made.

Parties
Applicant: MP; Applicant: AH; Respondent: AM
Jurisdiction
England and Wales
Judgment Date
06 June 2013
Procedural Posture
Parental Order Application / Final Hearing
Outcome
parental order granted
Legal Topics
Parental Orders, Commercial Surrogacy, Child Welfare, Payments to Surrogate Agencies
Family Law Surrogacy Parental Orders Commercial Surrogacy Child Welfare Payments to Surrogate Agencies

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Parties

MP

Applicant

AH

Applicant

AM

Respondent

Procedural Posture

Parental Order Application / Final Hearing

Legal Issues

  1. 1 Whether the section 54 criteria under the Human Fertilisation and Embryology Act 2008 are satisfied
  2. 2 Whether payments made to the surrogate and agency require court authorisation under section 54(8)
  3. 3 Whether the welfare of the children supports making a parental order

Ratio Decidendi

The section 54 criteria are satisfied, payments to the surrogate were for expenses reasonably incurred and do not require authorisation, payments to the agency include a profit element but are not disproportionate or tainted, and the welfare of the children demands the parental order be made.

Court Disposition

parental order granted

Orders

  • Parental order made in respect of twins A and L securing their relationship with both applicants.