Y & Anor v V & Ors [2022] EWFC 120 (13 October 2022)

Y & Anor v V & Ors [2022] EWFC 120 (13 October 2022)

Section 54 HFEA 2008 criteria are satisfied, including domicile, valid consent, inability to locate V’s husband, and payments are authorised; no public policy bar exists; parental orders are necessary for the children’s lifelong welfare.

Citation
[2022] EWFC 120
Parties
Applicant: Y; Applicant: Z; 1st Respondent: V; 2nd Respondent (child): W; 3rd Respondent (child): X
Jurisdiction
England and Wales
Judgment Date
13 October 2022
Procedural Posture
Parental Order Application (surrogacy) / Final Judgment
Outcome
Parental orders granted for both children.
Legal Topics
Parental Orders, Same Sex Marriage, Domicile, Consent, Payments in Surrogacy, Public Policy
Family Law Surrogacy Parental Orders Same Sex Marriage Domicile Consent Payments in Surrogacy Public Policy

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Parties

Y

Applicant

Z

Applicant

V

1st Respondent

W

2nd Respondent (child)

X

3rd Respondent (child)

Procedural Posture

Parental Order Application (surrogacy) / Final Judgment

Legal Issues

  1. 1 Whether section 54 Human Fertilisation and Embryology Act 2008 criteria are met for parental order
  2. 2 Whether Y retains domicile of origin
  3. 3 Whether V gave valid consent

Ratio Decidendi

Section 54 HFEA 2008 criteria are satisfied, including domicile, valid consent, inability to locate V’s husband, and payments are authorised; no public policy bar exists; parental orders are necessary for the children’s lifelong welfare.

Court Disposition

Parental orders granted for both children.

Orders

  • Parental order made in favour of Y and Z for W and X.
  • Court authorises payments made to surrogate and agency under section 54(8) HFEA 2008.