D And L (Minors Surrogacy), Re

The court dispensed with the surrogate mother's consent as she could not be found after all reasonable steps were taken, authorised retrospective payments as they were not disproportionate and applicants acted in good faith, and made parental orders as all statutory requirements were satisfied and the welfare of the twins was paramount.

Parties: Applicant: The Applicants; Surrogate Mother: Miss B; Advocate to the Court: Jeremy Ford
Jurisdiction: England and Wales
Judgment Date: 28 September 2012
Procedural Posture: Parental Order Application / Final Judgment
Outcome: parental orders granted
Legal Topics: Parental Orders, Consent in Surrogacy, Retrospective Authorisation of Payments, Child Welfare

Family Law Surrogacy Parental Orders Consent in Surrogacy Retrospective Authorisation of Payments Child Welfare

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 4

Parties

The Applicants

Applicant

Miss B

Surrogate Mother

Jeremy Ford

Advocate to the Court

Procedural Posture

Parental Order Application / Final Judgment

Legal Issues

1 Whether the twins were carried by a woman as a result of embryo placement and the gametes of the first Applicant were used
2 Whether the court can dispense with the surrogate mother's consent as she cannot be found
3 Whether retrospective authorisation should be given for payments made in respect of surrogacy

Ratio Decidendi

Court Disposition

parental orders granted

Orders

Parental orders pursuant to section 54 for twins D and L to be treated as children of the Applicants
No order as to costs