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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.
Source excerpt
H, Re (Anonymous Surrogacy) [2025] EWHC 220 (Fam) (06 February 2025)
The High Court granted a parental order for a child born through Nigerian surrogacy, holding that the anonymous surrogate could not be found and statutory requirements were met.
AY & Anor v ZX [2023] EWFC 39 (29 March 2023)
The Family Court held that a parental order can be made under s.54 HFEA 2008 even where surrogacy conception occurred by home insemination in a private arrangement.
The Family Court granted a declaration of parentage and a parental order after a foreign surrogacy arrangement, despite the intended father’s death before birth.
X (Foreign Surrogacy; Death of Intended Parent), Re [2022] EWFC 34 (04 March 2022)
Family Court granted a declaration of parentage and a parental order after a surrogacy arrangement in Uganda, despite the death of one intended parent.
D And L (Minors Surrogacy), Re [2012] EWHC 2631 (Fam) (28 September 2012)
The High Court granted parental orders for twins born through Indian surrogacy, dispensed with the surrogate’s consent because she could not be found, and authorised the payments retrospectively.
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