Z (Unlawful Foreign Surrogacy: Adoption) [2025] EWHC 339 (Fam) (19 February 2025)

Z (Unlawful Foreign Surrogacy: Adoption) [2025] EWHC 339 (Fam) (19 February 2025)

Adoption orders were granted because the welfare of the children required legal consolidation of their family unit, no lesser order would provide sufficient certainty, the surrogate mothers could not be found so consent was dispensed with, and all statutory requirements for adoption were met despite strong public policy concerns.

Citation
[2025] EWHC 339 (Fam)
Parties
Applicant: Ms W; Applicant: Ms X; 1st Respondent: Unknown (Surrogate Mothers); 2nd Respondent: London Borough of Camden; 3rd Respondent: Secretary of State for the Home Department; 4th and 5th Respondents: CAFCASS Legal (Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
19 February 2025
Procedural Posture
Adoption Application (family Division) / Judgment After Final Hearing
Outcome
Adoption orders granted for both children to the applicants.
Legal Topics
Foreign Surrogacy, Commercial Surrogacy, Adoption Orders, Statelessness, Parental Responsibility, Public Policy, Welfare of the Child
Family Law Adoption Law Immigration Law Foreign Surrogacy Commercial Surrogacy Adoption Orders Statelessness Parental Responsibility +2 more

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Parties

Ms W

Applicant

Ms X

Applicant

Unknown (Surrogate Mothers)

1st Respondent

London Borough of Camden

2nd Respondent

Secretary of State for the Home Department

3rd Respondent

CAFCASS Legal (Children's Guardian)

4th and 5th Respondents

Procedural Posture

Adoption Application (family Division) / Judgment After Final Hearing

Legal Issues

  1. 1 Whether adoption orders should be granted for children born via unlawful foreign commercial surrogacy to applicants with no genetic link
  2. 2 Whether the court should dispense with the consent of the surrogate mothers
  3. 3 Whether public policy or welfare concerns preclude adoption

Ratio Decidendi

Adoption orders were granted because the welfare of the children required legal consolidation of their family unit, no lesser order would provide sufficient certainty, the surrogate mothers could not be found so consent was dispensed with, and all statutory requirements for adoption were met despite strong public policy concerns.

Court Disposition

Adoption orders granted for both children to the applicants.

Orders

  • Adoption orders made in favour of Ms W and Ms X for both children.
  • Consent of surrogate mothers dispensed with on the ground that they could not be found.