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England and Wales decisions
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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.
B & Anor v D & Anor [2025] EWFC 366 (29 October 2025)
The Family Court granted a parental order after finding the anonymous surrogate could not be found, despite serious concerns about the surrogacy arrangement.
The court found, on unchallenged evidence, that neither parent nor any kinship carer could safely care for A and B, and that adoption is the only realistic option in their welfare interests. The court was satisfied that the welfare of A and B required dispensing with the consent of M and F1 to placement orders. The agreed arrangements for post-adoption contact were endorsed as being in the children's best interests.
Source excerpt
The court dispensed with the consent of the surrogate and her husband as they could not be found, all reasonable and proportionate steps having been taken. The application for a parental order, though out of time, was allowed as strict compliance would be contrary to the child's welfare. The applicant EF was found to have acquired a domicile of choice in the UK. All statutory criteria for a parental order were satisfied and the order was made in QR's best interests.
Source excerpt
QR (Parental Order: Dispensing with Consent: Proportionality), Re [2023] EWHC 3196 (Fam) (03 November 2023)
The High Court granted a parental order to EF and GH for their child QR, dispensing with the surrogate’s and husband’s consent, extending the time limit, and accepting domicile in England.
The High Court granted an adoption order for Maya, holding that her birth mother had validly consented, her birth father could not be found, and the child’s welfare required adoption.
A & Anor v B & Anor [2022] EWHC 2962 (Fam) (23 November 2022)
The court granted a Convention adoption order, dispensed with the mother's consent for lack of capacity, and removed her as a party to avoid harmful delay.
The High Court granted adoption orders for two children placed from Scotland, dispensed with the mother’s consent, and left indirect contact to the adopters.
B (Adoption: Surrogacy and Parental Responsibility) [2018] EWFC 86 (21 November 2018)
The court granted X an adoption order for B, a child born via Ukrainian surrogacy, and dispensed with the surrogate mother’s consent under section 52(1)(b) ACA 2002.
The court made a care order and placement order for a child, refusing the mother’s request for a section 38(6) assessment and adjournment.
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