England and Wales Case Law

FWF (Foreign Surrogacy: Consent and Payments), Re

The court was satisfied that all statutory criteria under section 54 HFEA 2008 were met, that all reasonable and proportionate steps had been taken to locate the surrogate for consent and none had succeeded, that the payments made to the surrogate were for more than expenses but were made in good faith and should be authorised, and that making a parental order was in the child's best welfare interests.

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• Parental orders
• Consent in surrogacy
• Payments to surrogates
• Welfare of the child

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Re H (Anonymous Surrogacy)

The Family Court granted a parental order for a child born through anonymous Nigerian surrogacy, finding the surrogate could not be found and H’s welfare favoured the order.

• Parental orders
• Surrogacy arrangements
• Dispensing with consent
• Child welfare
• Domicile
• International surrogacy

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Mr K & Anor v Mr Z & Anor

Mr and Mrs K satisfy all statutory requirements for a parental order. Despite their advanced age, they have made appropriate and detailed arrangements for B's welfare, including future care and financial provision in the event of their incapacity or death. The arrangements are in B's best interests and his welfare throughout life is secured. The payments made in the surrogacy process are authorised. A parental order is necessary to provide B with legal security and recognition as the child of Mr and Mrs K.

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• Parental orders
• Child welfare
• Foreign surrogacy
• Statutory criteria under hfea 2008
• Special guardianship
• Estate planning for children

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C v D

C v D [2025] EWFC 196 (02 July 2025)

The Family Court found C was a significant figure in the children’s lives and granted him parental responsibility and a child arrangements order for unsupervised contact.

• Parental responsibility
• Child arrangements order
• Surrogacy breakdown
• Psychological parent
• Welfare principle
• Parental-responsibility

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H (Anonymous Surrogacy), Re

The court was satisfied on the balance of probability that the applicants entered into a surrogacy arrangement, the surrogate mother cannot be found, and all statutory requirements are met; therefore, a parental order should be made in the best interests of the child.

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• Parental order
• International surrogacy
• Consent of surrogate
• Statutory requirements
• Child welfare

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RP, Re

The court found that the applicants had taken all reasonable and proportionate steps to locate the surrogate, who is incapable of being found. The court was not satisfied that the consent was freely given and with full understanding, but dispensed with the requirement for consent under s54(7). The court authorised payments made and found that making the parental order meets the child's lifelong welfare needs.

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• Parental order
• Consent in surrogacy
• Payments in surrogacy
• Welfare of child

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Re X (Foreign Surrogacy: Consent)

The court found that all statutory criteria under s54 HFEA 2008 were satisfied, including consent, domicile, home, and payments. The welfare of the children required parental orders to secure their lifelong legal relationship with the applicants.

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• Parental orders
• Surrogacy arrangements
• Consent
• Domicile
• Welfare of children

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Re X (No 2 Surrogacy and Child Arrangements)

The court may make a parental order where the application was jointly made, even if one applicant disengages, provided statutory criteria are met. The child’s home requirement is satisfied by a wide and purposive interpretation, considering the child’s established relationship and ongoing contact with both parents. The six-month time limit is not fatal given the circumstances and Article 8 rights. X’s welfare requires a parental order, confirmation she lives with her father, suspension of contact with the mother due to emotional harm, and severe restriction of the mother’s parental responsibi…

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• Parental order
• Child arrangements
• Parental responsibility
• Domestic abuse
• Emotional harm
• Identity rights

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XWZ (Foreign Surrogacy), Re

The Family Court granted a parental order in an international surrogacy case, holding that the statutory criteria were met, the surrogate consented, and payments could be authorised.

• Parental orders
• International surrogacy
• Consent requirements
• Payments to surrogate
• Child welfare
• Parental-orders

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YW & Anor v A & Anor

The statutory criteria under s54 HFEA 2008 are satisfied, including consent, domicile, age, and payments; YW's criminal history and imprisonment do not bar the order given ongoing rehabilitation and protective parenting by XW; P's welfare is paramount and best served by granting the parental order.

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• Parental orders
• Child welfare
• Surrogacy arrangements
• Consent
• Public policy
• Criminal convictions and parenting

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