X (Foreign Surrogacy; Death of Intended Parent), Re [2022] EWFC 34 (04 March 2022)

X (Foreign Surrogacy; Death of Intended Parent), Re [2022] EWFC 34 (04 March 2022)

The court has jurisdiction to make a declaration of parentage as Y was habitually resident and domiciled in England and Wales prior to his death. The criteria for a parental order under s54 HFEA 2008 are met, applying a purposive reading in line with Re X [2020] EWFC 39, as X and Y were in an enduring family relationship and all other statutory requirements are satisfied. The surrogate's consent is valid and sufficient, and the payments made are authorised as they are within the usual range for Uganda and were made in good faith. Making the parental order meets Z's lifelong welfare needs.

Citation
[2022] EWFC 34
Parties
Applicant: X; Applicant: Y (Deceased); 1st Respondent: W; 2nd Respondent: Z (A Child by his Children's Guardian Kay Demery)
Jurisdiction
England and Wales
Judgment Date
04 March 2022
Procedural Posture
Family Law – Parental Order and Declaration of Parentage / Final Judgment Following Hearing on 9 December 2021
Outcome
Declaration of parentage and parental order granted.
Legal Topics
Parental Order, Declaration of Parentage, Surrogacy, Enduring Family Relationship, Consent of Surrogate, Payments to Surrogate, Jurisdiction, Human Rights (article 8 Echr)
Family Law Surrogacy Law Human Rights Parental Order Declaration of Parentage Surrogacy Enduring Family Relationship Consent of Surrogate +3 more

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Parties

X

Applicant

Y (Deceased)

Applicant

W

1st Respondent

Z (A Child by his Children's Guardian Kay Demery)

2nd Respondent

Procedural Posture

Family Law – Parental Order and Declaration of Parentage / Final Judgment Following Hearing on 9 December 2021

Legal Issues

  1. 1 Whether the court has jurisdiction to make a declaration of parentage for Y (deceased) in respect of Z
  2. 2 Whether the criteria for a parental order under s54 HFEA 2008 are met where one intended parent is deceased and the applicants were not married
  3. 3 Whether the surrogate's consent is valid and sufficient

Ratio Decidendi

The court has jurisdiction to make a declaration of parentage as Y was habitually resident and domiciled in England and Wales prior to his death. The criteria for a parental order under s54 HFEA 2008 are met, applying a purposive reading in line with Re X [2020] EWFC 39, as X and Y were in an enduring family relationship and all other statutory requirements are satisfied. The surrogate's consent is valid and sufficient, and the payments made are authorised as they are within the usual range for Uganda and were made in good faith. Making the parental order meets Z's lifelong welfare needs.

Court Disposition

Declaration of parentage and parental order granted.

Orders

  • Declaration of parentage made for Y (deceased) in respect of Z
  • Parental order made in favour of X and Y (deceased)