XWZ (Foreign Surrogacy), Re

XWZ (Foreign Surrogacy), Re

The statutory criteria for a parental order are satisfied, surrogate consent is valid, payments are authorised, and Z’s lifelong welfare is best served by granting the parental order.

Parties
Applicant: X; Respondent: W; Respondent: Z, by his Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
14 February 2025
Procedural Posture
Parental Order Application / Final Judgment
Outcome
Parental order granted.
Legal Topics
Parental Orders, International Surrogacy, Consent Requirements, Payments to Surrogate, Child Welfare
Family Law Surrogacy Parental Orders International Surrogacy Consent Requirements Payments to Surrogate Child Welfare

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Parties

X

Applicant

W

Respondent

Z, by his Children’s Guardian

Respondent

Procedural Posture

Parental Order Application / Final Judgment

Legal Issues

  1. 1 Whether the statutory criteria for a parental order under s54A Human Fertilisation and Embryology Act 2008 are satisfied
  2. 2 Whether the surrogate's consent meets statutory requirements
  3. 3 Whether payments made require court authorisation

Ratio Decidendi

The statutory criteria for a parental order are satisfied, surrogate consent is valid, payments are authorised, and Z’s lifelong welfare is best served by granting the parental order.

Court Disposition

Parental order granted.

Orders

  • Parental order made in favour of X securing lifelong legal parental relationship with Z.
  • Court authorises all payments made to the surrogate beyond reasonable expenses.