H, Re (Anonymous Surrogacy) [2025] EWHC 220 (Fam) (06 February 2025)

H, Re (Anonymous Surrogacy) [2025] EWHC 220 (Fam) (06 February 2025)

The court held that, on the balance of probabilities, the applicants entered into a surrogacy arrangement in Nigeria, Mr H is the genetic father, and the surrogate mother cannot be found. Therefore, the statutory requirement for her consent is dispensed with under HFEA 2008 s 54(7). All other statutory requirements are met, and making a parental order is in the child's best interests.

Citation
[2025] EWHC 220 (Fam)
Parties
Applicant: Mr H; Applicant: Mrs H; Subject: A (child); Surrogate Mother: O. S.
Jurisdiction
England and Wales
Judgment Date
06 February 2025
Procedural Posture
Parental Order Application (surrogacy) / Final Judgment
Outcome
Parental order granted
Legal Topics
Surrogacy, Parental Orders, Consent of Surrogate, International Surrogacy, Human Fertilisation and Embryology Act 2008
Family Law Surrogacy Parental Orders Consent of Surrogate International Surrogacy Human Fertilisation and Embryology Act 2008

Case Brief

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Parties

Mr H

Applicant

Mrs H

Applicant

A (child)

Subject

O. S.

Surrogate Mother

Procedural Posture

Parental Order Application (surrogacy) / Final Judgment

Legal Issues

  1. 1 Whether a parental order can be made where the surrogate mother is anonymous and cannot be found
  2. 2 Whether statutory requirements under HFEA 2008 s 54 are satisfied, particularly regarding consent and payments

Ratio Decidendi

The court held that, on the balance of probabilities, the applicants entered into a surrogacy arrangement in Nigeria, Mr H is the genetic father, and the surrogate mother cannot be found. Therefore, the statutory requirement for her consent is dispensed with under HFEA 2008 s 54(7). All other statutory requirements are met, and making a parental order is in the child's best interests.

Court Disposition

Parental order granted

Orders

  • A parental order is issued in favour of Mr and Mrs H with respect to child A.