RS v T (Surrogacy: Service, Consent and Payments) [2015] EWFC 22 (13 March 2015)

RS v T (Surrogacy: Service, Consent and Payments) [2015] EWFC 22 (13 March 2015)

The applicants satisfied all statutory criteria for a parental order except for direct evidence of the surrogate mother's informed consent, which could not be obtained despite reasonable efforts. The court was satisfied the surrogate mother could not be found, dispensed with the requirement for her consent and service, authorised the payments made, and found that the children's lifelong welfare required the making of parental orders.

Citation
[2015] EWFC 22
Parties
1st Applicant: R; 2nd Applicant: S; Respondent: T
Jurisdiction
England and Wales
Judgment Date
13 March 2015
Procedural Posture
Application for Parental Orders (family Court) / Final Hearing
Outcome
Parental orders granted for both children.
Legal Topics
Parental Orders, Surrogacy, Consent, Payments to Surrogate, Service of Application, Welfare of the Child
Family Law Parental Orders Surrogacy Consent Payments to Surrogate Service of Application Welfare of the Child

Case Brief

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Parties

R

1st Applicant

S

2nd Applicant

T

Respondent

Procedural Posture

Application for Parental Orders (family Court) / Final Hearing

Legal Issues

  1. 1 Whether the statutory criteria for making a parental order under section 54 Human Fertilisation and Embryology Act 2008 are satisfied
  2. 2 Whether the surrogate mother's consent was valid and informed
  3. 3 Whether the surrogate mother can be found and served

Ratio Decidendi

The applicants satisfied all statutory criteria for a parental order except for direct evidence of the surrogate mother's informed consent, which could not be obtained despite reasonable efforts. The court was satisfied the surrogate mother could not be found, dispensed with the requirement for her consent and service, authorised the payments made, and found that the children's lifelong welfare required the making of parental orders.

Court Disposition

Parental orders granted for both children.

Orders

  • Dispensation with service of the application on the surrogate mother.
  • Dispensation with the requirement for the surrogate mother's consent under section 54(6) HFEA 2008.