S, Re

S, Re

Although the applicants could not account for all payments to the surrogate mother and some payments likely exceeded reasonable expenses, the court was satisfied that the payments did not offend public policy, were not greatly disproportionate, and were made in good faith. The welfare of the children required the making of the parental order, and the payments were authorised.

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) / Judgment After Hearing
Outcome
parental order granted
Legal Topics
Parental Orders, International Surrogacy, Public Policy, Child Welfare
Family Law Surrogacy Parental Orders International Surrogacy Public Policy Child Welfare

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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) / Judgment After Hearing

Legal Issues

  1. 1 Whether the requirements of s.30 of the Human Fertilisation and Embryology Act 1990 are satisfied for granting a parental order in an international surrogacy arrangement
  2. 2 Whether payments made to the surrogate mother offend s.30(7) of the Act 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 mother and some payments likely exceeded reasonable expenses, the court was satisfied that the payments did not offend public policy, were not greatly disproportionate, and were made in good faith. The welfare of the children required the making of the parental order, and the payments were authorised.

Court Disposition

parental order granted

Orders

  • Parental order under s.30 of the Human Fertilisation and Embryology Act 1990 made in favour of Mr. and Mrs. A.