X (Foreign Surrogacy: Consent) [2025] EWFC 71 (26 March 2025)

X (Foreign Surrogacy: Consent) [2025] EWFC 71 (26 March 2025)

The court found that all statutory criteria under s54 HFEA 2008 were met: the children were carried by a surrogate, there was a biological link to Mr X, the applicants were married, the applications were timely, the children had their home with the applicants, at least one applicant was domiciled in the UK, the...

Source-derived case information.

Citation
[2025] EWFC 71
Parties
Applicants: Mr and Mrs X; Respondent: Ms Z
Jurisdiction
England and Wales
Judgment Date
26 March 2025
Procedural Posture
Parental Order Application (surrogacy) / Final Judgment
Outcome
Parental orders granted in favour of Mr and Mrs X for both children.
Legal Topics
Parental Orders, Surrogacy, Consent, Domicile, Welfare of the Child
Family Law Parental Orders Surrogacy Consent Domicile Welfare of the Child

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Parties

Mr and Mrs X

Applicants

Ms Z

Respondent

Procedural Posture

Parental Order Application (surrogacy) / Final Judgment

Legal Issues

  1. 1 Whether the statutory criteria under s54 Human Fertilisation and Embryology Act 2008 are met for making parental orders in an international surrogacy arrangement
  2. 2 Whether the surrogate's consent is valid and informed
  3. 3 Whether the applicants meet domicile and 'home' requirements

Ratio Decidendi

The court found that all statutory criteria under s54 HFEA 2008 were met: the children were carried by a surrogate, there was a biological link to Mr X, the applicants were married, the applications were timely, the children had their home with the applicants, at least one applicant was domiciled in the UK, the surrogate gave valid and informed consent, and payments made were authorised. Making parental orders was necessary to meet the lifelong welfare needs of the children and secure their legal relationship with the applicants.

Court Disposition

Parental orders granted in favour of Mr and Mrs X for both children.

Orders

  • Parental order made for child AB.
  • Parental order made for child CD.