R & Anor v A & Anor [2024] EWFC 341 (27 November 2024)

R & Anor v A & Anor [2024] EWFC 341 (27 November 2024)

The court found that Ms. A is currently incapable of giving agreement to the parental order due to her cognitive impairment, satisfying s54(7) HFEA 2008. All other statutory criteria are met, the payments are authorised, and the child's welfare is best served by making the parental order.

Source-derived case information.

Citation
[2024] EWFC 341
Parties
Applicant: Mr. R; Applicant: Mrs. R; Respondent: Ms. A; Respondent: O
Jurisdiction
England and Wales
Judgment Date
27 November 2024
Procedural Posture
Parental Order Application (family Court) / Final Judgment
Outcome
Parental order granted
Legal Topics
Parental Orders, Surrogacy Arrangements, Consent and Capacity, Child Welfare
Family Law Surrogacy Parental Orders Surrogacy Arrangements Consent and Capacity Child Welfare

Source-derived case record

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Parties

Mr. R

Applicant

Mrs. R

Applicant

Ms. A

Respondent

O

Respondent

Procedural Posture

Parental Order Application (family Court) / Final Judgment

Legal Issues

  1. 1 Whether the statutory criteria for a parental order under s54 HFEA 2008 are met
  2. 2 Whether the surrogate mother, Ms. A, is incapable of giving agreement under s54(7) HFEA 2008
  3. 3 Whether the payments made to the surrogate are authorised

Ratio Decidendi

The court found that Ms. A is currently incapable of giving agreement to the parental order due to her cognitive impairment, satisfying s54(7) HFEA 2008. All other statutory criteria are met, the payments are authorised, and the child's welfare is best served by making the parental order.

Court Disposition

Parental order granted

Orders

  • A parental order is made in favour of Mr. and Mrs. R in respect of O.
  • Payments made to Ms. A are authorised as reasonable expenses.