S, Re [2009] EWHC 2977 (Fam) (09 November 2009)

S, Re [2009] EWHC 2977 (Fam) (09 November 2009)

Although the applicants could not account for all payments to the surrogate and some likely exceeded reasonable expenses, the court was satisfied that the payments did not offend public policy or amount to buying children, and that the welfare of the children required the making of a parental order. The payments were therefore retrospectively authorised and the parental order granted.

Citation
[2009] EWHC 2977 (Fam)
Parties
Applicants: Mr. and Mrs. A.; Children: B and C (twins); Third Party: Surrogate mother
Jurisdiction
England and Wales
Judgment Date
09 November 2009
Procedural Posture
Application for Parental Order (surrogacy) / Final Judgment
Outcome
parental order granted
Legal Topics
Parental Orders, International Surrogacy, Human Fertilisation and Embryology Act 1990 S.30, Public Policy in Surrogacy
Family Law Surrogacy Parental Orders International Surrogacy Human Fertilisation and Embryology Act 1990 S.30 Public Policy in Surrogacy

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Parties

Mr. and Mrs. A.

Applicants

B and C (twins)

Children

Surrogate mother

Third Party

Procedural Posture

Application for Parental Order (surrogacy) / Final Judgment

Legal Issues

  1. 1 Whether the requirements of s.30(2)-(7) Human Fertilisation and Embryology Act 1990 are satisfied for making a parental order in an international surrogacy arrangement
  2. 2 Whether payments made to the surrogate mother offend s.30(7) and, if so, whether they should be authorised by the court

Ratio Decidendi

Although the applicants could not account for all payments to the surrogate and some likely exceeded reasonable expenses, the court was satisfied that the payments did not offend public policy or amount to buying children, and that the welfare of the children required the making of a parental order. The payments were therefore retrospectively authorised and the parental order granted.

Court Disposition

parental order granted

Orders

  • Parental order under s.30 Human Fertilisation and Embryology Act 1990 made in favour of Mr. and Mrs. A.
  • Payments to surrogate mother retrospectively authorised under s.30(7).