Z, Re (Foreign Surrogacy: Allocation of Work : Guidance on Parental Order Reports) (Rev 1) [2015] EWFC 90 (16 November 2015)

Z, Re (Foreign Surrogacy: Allocation of Work : Guidance on Parental Order Reports) (Rev 1) [2015] EWFC 90 (16 November 2015)

The statutory requirements for a parental order under s54 HFEA 2008 were met, including domicile, consent, and welfare. The payments made under the Indian commercial surrogacy agreement were authorised as not contrary to public policy. The delay in allocation to a High Court judge and in immigration/citizenship processing caused significant welfare detriment to the children but did not preclude the making of the order. Parental orders were granted for both children.

Citation
[2015] EWFC 90
Parties
Applicant: XZ; Applicant: ZZ; 1st Respondent: Mrs Y; 2nd & 3rd Respondents: L & M (Children); Advocate to the Court: Cafcass Legal
Jurisdiction
England and Wales
Judgment Date
16 November 2015
Procedural Posture
Parental Order Application Under S54 Human Fertilisation and Embryology Act 2008 / Final Judgment After Contested Proceedings
Outcome
Parental orders granted for both children.
Legal Topics
Surrogacy, Parental Orders, Citizenship by Descent, Child Welfare, Public Policy in Surrogacy, International Surrogacy Arrangements
Family Law International Private Law Immigration Law Surrogacy Parental Orders Citizenship by Descent Child Welfare Public Policy in Surrogacy +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 18 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XZ

Applicant

ZZ

Applicant

Mrs Y

1st Respondent

L & M (Children)

2nd & 3rd Respondents

Cafcass Legal

Advocate to the Court

Procedural Posture

Parental Order Application Under S54 Human Fertilisation and Embryology Act 2008 / Final Judgment After Contested Proceedings

Legal Issues

  1. 1 Whether the statutory requirements for a parental order under s54 HFEA 2008 are met in an international surrogacy arrangement
  2. 2 Whether the court should authorise payments made under a commercial surrogacy agreement abroad
  3. 3 Whether public policy or immigration/citizenship concerns preclude the making of a parental order

Ratio Decidendi

The statutory requirements for a parental order under s54 HFEA 2008 were met, including domicile, consent, and welfare. The payments made under the Indian commercial surrogacy agreement were authorised as not contrary to public policy. The delay in allocation to a High Court judge and in immigration/citizenship processing caused significant welfare detriment to the children but did not preclude the making of the order. Parental orders were granted for both children.

Court Disposition

Parental orders granted for both children.

Orders

  • Parental orders made in favour of the applicants for L and M.
  • Payments made under the Indian surrogacy agreement authorised.