W & Anor v Y & Anor

Applicants, though in a platonic relationship, demonstrated an enduring family relationship and commitment to Z; statutory criteria under s54 HFEA 2008 were satisfied, payments were authorised, consent was valid, and no public policy concerns prevented the parental order; Z's welfare required the order.

Parties: Applicant: Mr W; Applicant: Ms X; Respondent: Ms Y; Respondent: Z (via Children's Guardian, Ms Doyle)
Jurisdiction: England and Wales
Judgment Date: 16 July 2021
Procedural Posture: Parental Order Application / Final Judgment
Outcome: Parental order granted.
Legal Topics: Parental Order, Foreign Surrogacy, Enduring Family Relationship, Public Policy, Child Welfare

Family Law Surrogacy Parental Order Foreign Surrogacy Enduring Family Relationship Public Policy Child Welfare

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 3

Parties

Mr W

Applicant

Ms X

Applicant

Ms Y

Respondent

Z (via Children's Guardian, Ms Doyle)

Respondent

Procedural Posture

Parental Order Application / Final Judgment

Legal Issues

1 Whether applicants in a platonic relationship satisfy section 54(2)(c) HFEA 2008 enduring family relationship requirement
2 Whether public policy issues prevent making a parental order
3 Whether payments to surrogate and agency should be authorised under s54(8)

Ratio Decidendi

Court Disposition

Parental order granted.

Orders

Parental order made in favour of Mr W and Ms X for child Z.
Anonymity of child and family members to be strictly preserved in any publication.