RP, Re

RP, Re

The court found that the applicants had taken all reasonable and proportionate steps to locate the surrogate, who is incapable of being found. The court was not satisfied that the consent was freely given and with full understanding, but dispensed with the requirement for consent under s54(7). The court authorised payments made and found that making the parental order meets the child's lifelong welfare needs.

Parties
Applicant: SR; Applicant: DB; Respondent: LM; Child: RP
Jurisdiction
England and Wales
Judgment Date
16 April 2025
Procedural Posture
Parental Order Application / Judgment
Outcome
Parental order granted
Legal Topics
Parental Order, Consent in Surrogacy, Payments in Surrogacy, Welfare of Child
Family Law Child Welfare Surrogacy Parental Order Consent in Surrogacy Payments in Surrogacy Welfare of Child

Case Brief

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Parties

SR

Applicant

DB

Applicant

LM

Respondent

RP

Child

Procedural Posture

Parental Order Application / Judgment

Legal Issues

  1. 1 Whether the criteria under section 54 Human Fertilisation and Embryology Act 2008 are met
  2. 2 Whether the respondent surrogate's consent was freely given and with full understanding
  3. 3 Whether the surrogate is incapable of being found by the applicants

Ratio Decidendi

The court found that the applicants had taken all reasonable and proportionate steps to locate the surrogate, who is incapable of being found. The court was not satisfied that the consent was freely given and with full understanding, but dispensed with the requirement for consent under s54(7). The court authorised payments made and found that making the parental order meets the child's lifelong welfare needs.

Court Disposition

Parental order granted

Orders

  • Parental order made in favour of SR and DB securing their legal parental relationship with RP
  • Court authorises payments made under the surrogacy agreement