X v W & Anor [2025] EWFC 25 (14 February 2025)

X v W & Anor [2025] EWFC 25 (14 February 2025)

The court was satisfied that all statutory criteria for a parental order were met, including valid surrogate consent and appropriate domicile, and that payments made to the surrogate, though not fully documented as expenses, should be authorised in the child's welfare interests. The child's lifelong welfare required the making of the parental order, and no public policy reasons justified refusal.

Citation
[2025] EWFC 25
Parties
Applicant: X; First Respondent: W; Second Respondent: Z, by his Children's Guardian
Jurisdiction
England and Wales
Judgment Date
14 February 2025
Procedural Posture
Parental Order Application (surrogacy) / Final Judgment
Outcome
Parental order granted
Legal Topics
Parental Orders, International Surrogacy, Consent Requirements, Payments to Surrogate, Child Welfare
Family Law Surrogacy Law Parental Orders International Surrogacy Consent Requirements Payments to Surrogate Child Welfare

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Parties

X

Applicant

W

First Respondent

Z, by his Children's Guardian

Second Respondent

Procedural Posture

Parental Order Application (surrogacy) / Final Judgment

Legal Issues

  1. 1 Whether the statutory criteria for a parental order under s54A Human Fertilisation and Embryology Act 2008 are met
  2. 2 Whether the surrogate's consent is valid and effective
  3. 3 Whether payments made to the surrogate require court authorisation

Ratio Decidendi

The court was satisfied that all statutory criteria for a parental order were met, including valid surrogate consent and appropriate domicile, and that payments made to the surrogate, though not fully documented as expenses, should be authorised in the child's welfare interests. The child's lifelong welfare required the making of the parental order, and no public policy reasons justified refusal.

Court Disposition

Parental order granted

Orders

  • Parental order made in favour of X in respect of Z
  • Court authorises all payments made to the surrogate and agency as set out in the judgment