RP, Re [2023] EWFC 306 (22 November 2023)

RP, Re [2023] EWFC 306 (22 November 2023)

The court found that while the formal consent documents from the surrogate were in the correct form, the surrounding circumstances and lack of direct evidence meant the court could not be satisfied that consent was given freely and with full understanding. However, the applicants had taken all reasonable and proportionate steps to locate the surrogate, who was incapable of being found, justifying dispensing with consent. The payments made were authorised, and making the parental order met the child's lifelong welfare needs.

Citation
[2023] EWFC 306
Parties
Applicant: SR; Applicant: DB; Respondent: LM; Respondent: RP (through their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
22 November 2023
Procedural Posture
Parental Order Application (family Court) / Final Judgment
Outcome
Parental order granted
Legal Topics
Parental Orders, Surrogacy Arrangements, Consent Requirements, Welfare of the Child, Payments to Surrogate
Family Law Surrogacy Law Parental Orders Surrogacy Arrangements Consent Requirements Welfare of the Child Payments to Surrogate

Case Brief

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Parties

SR

Applicant

DB

Applicant

LM

Respondent

RP (through their Children's Guardian)

Respondent

Procedural Posture

Parental Order Application (family Court) / Final Judgment

Legal Issues

  1. 1 Whether the statutory criteria for a parental order under section 54 Human Fertilisation and Embryology Act 2008 are met
  2. 2 Whether valid consent has been given by the surrogate or can be dispensed with
  3. 3 Whether payments made require court authorisation

Ratio Decidendi

The court found that while the formal consent documents from the surrogate were in the correct form, the surrounding circumstances and lack of direct evidence meant the court could not be satisfied that consent was given freely and with full understanding. However, the applicants had taken all reasonable and proportionate steps to locate the surrogate, who was incapable of being found, justifying dispensing with consent. The payments made were authorised, and making the parental order met the child's lifelong welfare needs.

Court Disposition

Parental order granted

Orders

  • A parental order is made in favour of SR and DB in respect of RP.
  • Payments made by the applicants are authorised under s54(8) HFEA 2008.