Z (Unlawful Foreign Surrogacy: Adoption), Re

Z (Unlawful Foreign Surrogacy: Adoption), Re

Adoption orders were granted because it was in the best interests of the children, who remained stateless and parentless, and no lesser order would achieve the necessary lifelong certainty. Consent of surrogate mothers was dispensed with as they could not be found. The court emphasised that the route taken by the applicants was precarious, unlawful, and contrary to public policy, but the welfare of the children required adoption.

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 Respondent: CAFCASS Legal; 5th Respondent: CAFCASS Legal
Jurisdiction
England and Wales
Judgment Date
19 February 2025
Procedural Posture
Adoption / Final Judgment
Outcome
adoption orders granted
Legal Topics
Foreign Surrogacy, Statelessness, Commercial Surrogacy, Parental Responsibility, Public Policy, Child Welfare
Family Law Adoption Immigration Foreign Surrogacy Statelessness Commercial Surrogacy Parental Responsibility Public Policy +1 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

4th Respondent

CAFCASS Legal

5th Respondent

Procedural Posture

Adoption / Final Judgment

Legal Issues

  1. 1 Whether adoption orders should be granted for children born via unlawful foreign commercial surrogacy
  2. 2 Whether consent of surrogate mothers can be dispensed with
  3. 3 Statelessness and welfare of children

Ratio Decidendi

Adoption orders were granted because it was in the best interests of the children, who remained stateless and parentless, and no lesser order would achieve the necessary lifelong certainty. Consent of surrogate mothers was dispensed with as they could not be found. The court emphasised that the route taken by the applicants was precarious, unlawful, and contrary to public policy, but the welfare of the children required adoption.

Court Disposition

adoption orders granted

Orders

  • Adoption orders for both children in favour of Ms W and Ms X
  • Dispensation of consent of surrogate mothers due to inability to locate them