R & Anor v A (by her litigation friend, The Official Solicitor) & Anor

R & Anor v A (by her litigation friend, The Official Solicitor) & Anor

Ms. A is incapable of giving agreement to the parental order due to her cognitive impairment; all statutory criteria under s54 HFEA 2008 are satisfied; the payments to Ms. A are reasonable; the child's welfare is best served by making the parental order.

Parties
Applicant: Mr. R; Applicant: Mrs. R; Respondent: Ms. A; Respondent: O (by his children’s guardian, Emma Huntington)
Jurisdiction
England and Wales
Judgment Date
27 November 2024
Procedural Posture
Family Law Parental Order (surrogacy) / Final Judgment
Outcome
Parental order granted
Legal Topics
Parental Order, Surrogacy, Consent Incapacity, Child Welfare
Family Law Parental Order Surrogacy Consent Incapacity Child Welfare

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Parties

Mr. R

Applicant

Mrs. R

Applicant

Ms. A

Respondent

O (by his children’s guardian, Emma Huntington)

Respondent

Procedural Posture

Family Law Parental Order (surrogacy) / Final Judgment

Legal Issues

  1. 1 Whether the statutory criteria for a parental order under s54 HFEA 2008 are met
  2. 2 Whether Ms. A's agreement is required or can be dispensed with due to incapacity
  3. 3 Whether the payments to the surrogate are reasonable and should be authorised

Ratio Decidendi

Ms. A is incapable of giving agreement to the parental order due to her cognitive impairment; all statutory criteria under s54 HFEA 2008 are satisfied; the payments to Ms. A are reasonable; the child's welfare is best served by making the parental order.

Court Disposition

Parental order granted

Orders

  • Parental order made in favour of Mr. and Mrs. R
  • Payments to Ms. A authorised as reasonable expenses