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England and Wales decisions
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The Upper Tribunal held that monthly surrogacy payments received by a JSA claimant were income, not capital, and were not subject to any disregard. The appeal was dismissed.
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.
FWF (Foreign Surrogacy: Consent and Payments), Re [2025] EWFC 504 (07 August 2025)
The Family Court granted a parental order for a child born through foreign surrogacy, dispensed with the surrogate’s consent, and authorised payment above expenses.
The Family Court granted an adoption order in an international surrogacy case, holding the applicants had not breached the Adoption and Children Act 2002.
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.
Source excerpt
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.
Source excerpt
R & Anor v A & Anor [2024] EWFC 341 (27 November 2024)
The Family Court granted a parental order after finding the surrogate mother lacked capacity to agree, authorised payments as reasonable expenses, and held the child's welfare favoured the order.
YW & Anor v A & Anor [2024] EWHC 3548 (Fam) (29 October 2024)
The High Court granted a parental order for a child born through Georgian surrogacy, despite one applicant’s criminal history, finding welfare and statutory criteria were satisfied.
On the particular facts, a step-parent adoption order is justified and preferable to a parental order as it secures H's lifelong welfare needs, legal parentage for E, and enables recognition of H's Italian heritage and citizenship, with full support from all parties and compliance with statutory requirements.
Source excerpt
XW, Re (Parental Order: Death of an Applicant) [2024] EWHC 2082 (Fam) (14 May 2024)
The High Court granted a parental order after one applicant died post-application, holding the statutory criteria were met and the child’s welfare required recognition of both intended parents.
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