RS v T (Surrogacy: Service, Consent and Payments)

RS v T (Surrogacy: Service, Consent and Payments)

The applicants took all reasonable steps to locate and serve the surrogate mother, who could not be found. The evidence of consent was insufficient to satisfy the statutory requirement of full understanding, but the court dispensed with the need for consent under s54(7) HFEA 2008. Payments made were not disproportionate and were authorised. The welfare of the children required the making of parental orders.

Parties
Applicant: R; Applicant: S; Respondent: T
Jurisdiction
England and Wales
Judgment Date
13 March 2015
Procedural Posture
Parental Order Application (surrogacy) / Final Judgment
Outcome
Parental orders granted for both children.
Legal Topics
Parental Orders, Consent in Surrogacy, Payments to Surrogate Mothers, Service of Process, Welfare of the Child
Family Law Surrogacy Parental Orders Consent in Surrogacy Payments to Surrogate Mothers Service of Process Welfare of the Child

Case Brief

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Parties

R

Applicant

S

Applicant

T

Respondent

Procedural Posture

Parental Order Application (surrogacy) / Final Judgment

Legal Issues

  1. 1 Whether the surrogate mother's consent to the parental order was valid and given with full understanding
  2. 2 Whether the surrogate mother could be found and served with the application
  3. 3 Whether payments made to the surrogate mother and clinic should be authorised under s54(8) HFEA 2008

Ratio Decidendi

The applicants took all reasonable steps to locate and serve the surrogate mother, who could not be found. The evidence of consent was insufficient to satisfy the statutory requirement of full understanding, but the court dispensed with the need for consent under s54(7) HFEA 2008. Payments made were not disproportionate and were authorised. The welfare of the children required the making of parental orders.

Court Disposition

Parental orders granted for both children.

Orders

  • Parental orders made in favour of the applicants for both children.
  • Requirement to serve the surrogate mother dispensed with.