H (Anonymous Surrogacy), Re

H (Anonymous Surrogacy), Re

The court was satisfied on the balance of probability that the applicants entered into a surrogacy arrangement, the surrogate mother cannot be found, and all statutory requirements are met; therefore, a parental order should be made in the best interests of the child.

Parties
Applicant: Mr H; Applicant: Mrs H; Surrogate Mother: O. S.
Jurisdiction
England and Wales
Judgment Date
02 June 2025
Procedural Posture
Parental Order Application / Final Judgment
Outcome
parental order granted
Legal Topics
Parental Order, International Surrogacy, Consent of Surrogate, Statutory Requirements, Child Welfare
Family Law Surrogacy Parental Order International Surrogacy Consent of Surrogate Statutory Requirements Child Welfare

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Parties

Mr H

Applicant

Mrs H

Applicant

O. S.

Surrogate Mother

Procedural Posture

Parental Order Application / Final Judgment

Legal Issues

  1. 1 Whether the statutory requirements for a parental order under HFEA 2008 s 54 are satisfied
  2. 2 Whether the surrogate mother's consent is required or can be dispensed with due to her anonymity
  3. 3 Whether payments made to the clinic are permissible under s 54(8)

Ratio Decidendi

The court was satisfied on the balance of probability that the applicants entered into a surrogacy arrangement, the surrogate mother cannot be found, and all statutory requirements are met; therefore, a parental order should be made in the best interests of the child.

Court Disposition

parental order granted

Orders

  • Parental order issued in favour of Mr and Mrs H with respect to child A