England and Wales Case Law

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.

Source excerpt

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

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Z (Unlawful Foreign Surrogacy: Adoption), Re

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.

• Foreign surrogacy
• Statelessness
• Commercial surrogacy
• Parental responsibility
• Public policy
• Child welfare

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Z (Unlawful Foreign Surrogacy: Adoption)

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.

• Foreign surrogacy
• Commercial surrogacy
• Adoption orders
• Statelessness
• Parental responsibility
• Public policy

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Cripps (aka Snudden) v Norfolk and Norwich University Hospitals NHS Foundation Trust

Cripps (aka Snudden) v Norfolk and Norwich University Hospitals NHS Foundation Trust [2024] EWHC 615 (KB) (07 March 2024)

The High Court refused an interim payment for US surrogacy costs in a clinical negligence claim, finding the recoverability of foreign commercial surrogacy remained too uncertain at this stage.

• Interim payments
• Surrogacy damages
• Damages assessment
• Foreign surrogacy
• Civil procedure
• Interim-payments

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W & Anor v Y & Anor

The Family Court granted a parental order for a child born through foreign surrogacy, finding the applicants in a platonic relationship met the statutory test.

• Parental order
• Foreign surrogacy
• Enduring family relationship
• Public policy
• Child welfare
• Surrogacy

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K (Minors) (Foreign Surrogacy)

The court declined to indicate whether a Parental Order was likely, citing jurisdictional limits, incomplete welfare assessment, and the need to avoid advisory opinions.

• Foreign surrogacy
• Parental orders
• Entry clearance
• Jurisdiction
• Welfare of children
• Foreign-surrogacy

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K (Minors) (Foreign Surrogacy)

K (Minors) (Foreign Surrogacy) [2010] EWHC 1180 (Fam) (28 May 2010)

The High Court declined to indicate whether a parental order was likely, citing jurisdictional concerns, incomplete welfare enquiries, and executive responsibility for entry clearance.

• Foreign surrogacy
• Parental orders
• Jurisdiction
• Entry clearance
• Welfare of children
• Foreign-surrogacy

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