Re X (Foreign Surrogacy: Consent)

Re X (Foreign Surrogacy: Consent)

The court found that all statutory criteria under s54 HFEA 2008 were satisfied, including consent, domicile, home, and payments. The welfare of the children required parental orders to secure their lifelong legal relationship with the applicants.

Parties
Applicants: Mr and Mrs X; Respondent: Ms Z
Jurisdiction
England and Wales
Judgment Date
28 March 2025
Procedural Posture
Parental Order Application / Final Judgment
Outcome
Parental orders granted in favour of Mr and Mrs X for both children.
Legal Topics
Parental Orders, Surrogacy Arrangements, Consent, Domicile, Welfare of Children
Family Law Surrogacy Parental Orders Surrogacy Arrangements Consent Domicile Welfare of Children

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Parties

Mr and Mrs X

Applicants

Ms Z

Respondent

Procedural Posture

Parental Order Application / Final Judgment

Legal Issues

  1. 1 Whether the criteria under s54 Human Fertilisation and Embryology Act 2008 are satisfied for parental orders in a surrogacy arrangement involving a foreign element
  2. 2 Whether consent of the surrogate was freely and unconditionally given with full understanding
  3. 3 Whether domicile and home requirements are met

Ratio Decidendi

The court found that all statutory criteria under s54 HFEA 2008 were satisfied, including consent, domicile, home, and payments. The welfare of the children required parental orders to secure their lifelong 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 AB.
  • Parental order made for CD.