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England and Wales decisions
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W, Re (Foreign Surrogacy: Consent and Welfare) [2025] EWFC 85 (02 April 2025)
The Family Court granted a parental order in a cross-border surrogacy case, holding that the surrogate’s consent was valid on the evidence and authorising the payments made.
The High Court granted adoption orders for two children born through unlawful foreign surrogacy, dispensing with surrogate consent because the mothers could not be found.
Z (Unlawful Foreign Surrogacy: Adoption) [2025] EWHC 339 (Fam) (19 February 2025)
The High Court granted adoption orders for two children born through unlawful foreign commercial surrogacy, after dispensing with the surrogate mothers' consent.
The court was satisfied, on the particular facts and evidence, that Ms S gave valid consent to the parental order after six weeks, with full understanding and unconditionally, and that all statutory criteria under s54A HFEA 2008 were met. The court authorised payments made in the surrogacy arrangement and found that G’s lifelong welfare needs are met by making the parental order.
Source excerpt
The court granted parental orders for twins born through Thai surrogacy, finding the applicants were in an enduring family relationship and authorising payments under s 54(8).
A and L (Children), Re [2013] EWHC 2328 (Fam) (06 June 2013)
The High Court granted a parental order for twins born through a California surrogacy arrangement, authorising certain agency payments and emphasising the children’s welfare.
The High Court granted a parental order for twins born through California surrogacy, authorising certain agency payments and finding the children’s welfare required the order.
L (A Minor), Re [2010] EWHC 3146 (Fam) (08 December 2010)
The High Court granted a parental order in a commercial surrogacy case, authorising payments above reasonable expenses and confirming welfare as paramount.
The High Court granted a parental order in a commercial surrogacy case, authorised payments above reasonable expenses, and held the child’s welfare paramount.
High Court parental order case on Ukrainian foreign surrogacy, addressing legal parentage, consent, and payments above reasonable expenses.
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