W (Foreign Surrogacy: Consent and Welfare), Re

W (Foreign Surrogacy: Consent and Welfare), Re

The court was satisfied, on the particular facts and evidence, that Ms S gave valid consent to the parental order after six weeks, with full understanding and unconditionally, and that all statutory criteria under s54A HFEA 2008 were met. The court authorised payments made in the surrogacy arrangement and found that G’s lifelong welfare needs are met by making the parental order.

Parties
Applicant: Mr W; First Respondent: Ms S; Second Respondent: G, by her Children’s Guardian Ms Magson
Jurisdiction
England and Wales
Judgment Date
04 February 2025
Procedural Posture
Parental Order Application / Final Judgment
Outcome
Parental order granted
Legal Topics
Parental Orders, Consent Requirements, Commercial Surrogacy, Cross Jurisdictional Surrogacy, Child Welfare
Family Law Surrogacy Parental Orders Consent Requirements Commercial Surrogacy Cross Jurisdictional Surrogacy Child Welfare

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Parties

Mr W

Applicant

Ms S

First Respondent

G, by her Children’s Guardian Ms Magson

Second Respondent

Procedural Posture

Parental Order Application / Final Judgment

Legal Issues

  1. 1 Whether the statutory criteria for a parental order under s54A HFEA 2008 are satisfied
  2. 2 Whether valid consent was obtained from the surrogate more than six weeks after birth
  3. 3 Whether payments made in the surrogacy arrangement require court authorisation

Ratio Decidendi

The court was satisfied, on the particular facts and evidence, that Ms S gave valid consent to the parental order after six weeks, with full understanding and unconditionally, and that all statutory criteria under s54A HFEA 2008 were met. The court authorised payments made in the surrogacy arrangement and found that G’s lifelong welfare needs are met by making the parental order.

Court Disposition

Parental order granted

Orders

  • A parental order is made in favour of Mr W for G.
  • Court authorises payments made in the surrogacy arrangement.