W, Re (Foreign Surrogacy: Consent and Welfare) [2025] EWFC 85 (02 April 2025)

W, Re (Foreign Surrogacy: Consent and Welfare) [2025] EWFC 85 (02 April 2025)

The court was satisfied, on the totality of the evidence, that the surrogate, Ms S, gave valid, informed, and unconditional consent to the making of a parental order more than six weeks after the child's birth, meeting the requirements of s54A(5) HFEA 2008. All other statutory criteria were met, and the payments...

Source-derived case information.

Citation
[2025] EWFC 85
Parties
Applicant: Mr W; First Respondent: Ms S; Second Respondent: G, by her Children's Guardian
Jurisdiction
England and Wales
Judgment Date
02 April 2025
Procedural Posture
Parental Order Application (surrogacy) / Final Judgment
Outcome
Parental order granted
Legal Topics
Parental Orders, Surrogacy, Consent Requirements, Safeguarding, Commercial Surrogacy, Cross Border Surrogacy
Family Law Parental Orders Surrogacy Consent Requirements Safeguarding Commercial Surrogacy Cross Border Surrogacy

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Parties

Mr W

Applicant

Ms S

First Respondent

G, by her Children's Guardian

Second Respondent

Procedural Posture

Parental Order Application (surrogacy) / Final Judgment

Legal Issues

  1. 1 Whether the statutory criteria for a parental order under s54A HFEA 2008 are satisfied, particularly the requirement for valid consent from the surrogate given more than six weeks after birth and with full understanding; Whether payments made in the surrogacy arrangement should be authorised; Whether the child's lifelong welfare needs are met by making the order

Ratio Decidendi

The court was satisfied, on the totality of the evidence, that the surrogate, Ms S, gave valid, informed, and unconditional consent to the making of a parental order more than six weeks after the child's birth, meeting the requirements of s54A(5) HFEA 2008. All other statutory criteria were met, and the payments made, though commercial, were authorised as the arrangement was entered into in good faith. The child's welfare would be best served by making the parental order.

Court Disposition

Parental order granted

Orders

  • A parental order is made in favour of Mr W in respect of G.
  • The payments made in the surrogacy arrangement, including those beyond reasonable expenses, are authorised by the court.