England and Wales Case Law

FWF (Foreign Surrogacy: Consent and Payments), Re

The court was satisfied that all statutory criteria under section 54 HFEA 2008 were met, that all reasonable and proportionate steps had been taken to locate the surrogate for consent and none had succeeded, that the payments made to the surrogate were for more than expenses but were made in good faith and should be authorised, and that making a parental order was in the child's best welfare interests.

Source excerpt

• Parental orders
• Consent in surrogacy
• Payments to surrogates
• Welfare of the child

Read case analysis

FWF (Foreign Surrogacy: Consent and Payments), Re

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.

• Parental orders
• Surrogacy arrangements
• Consent in surrogacy
• Payments to surrogates
• Welfare of the child
• Parental-orders

Read case analysis

RP, Re

The court found that the applicants had taken all reasonable and proportionate steps to locate the surrogate, who is incapable of being found. The court was not satisfied that the consent was freely given and with full understanding, but dispensed with the requirement for consent under s54(7). The court authorised payments made and found that making the parental order meets the child's lifelong welfare needs.

Source excerpt

• Parental order
• Consent in surrogacy
• Payments in surrogacy
• Welfare of child

Read case analysis

RS v T (Surrogacy: Service, Consent and Payments)

Parental orders were granted for twins born through a Ukrainian surrogacy arrangement after the court dispensed with service and authorised payments.

• Parental orders
• Consent in surrogacy
• Payments to surrogate mothers
• Service of process
• Welfare of the child
• Parental-orders

Read case analysis

AB v CD (Surrogacy: Time Limit and Consent)

AB v CD (Surrogacy: Time Limit and Consent) [2015] EWFC 12 (13 February 2015)

The Family Court granted parental orders for twins born through Indian surrogacy, despite late filing and absent surrogate consent, because welfare required it.

• Surrogacy
• Parental orders
• Consent in surrogacy
• Time limits for parental orders
• Welfare of the child
• Parental-orders

Read case analysis

D And L (Minors Surrogacy), Re

The High Court granted parental orders for twin boys born through Indian surrogacy, dispensing with the surrogate’s consent because she could not be found.

• Parental orders
• Consent in surrogacy
• Retrospective authorisation of payments
• Child welfare
• Surrogacy
• Parental-orders

Read case analysis

X & Y (Foreign Surrogacy), Re

X & Y (Foreign Surrogacy), Re [2008] EWHC 3030 (Fam) (09 December 2008)

Foreign surrogacy parental order granted after the court authorised payments above reasonable expenses and held the surrogate husband’s consent was required.

• Surrogacy
• Parental orders
• Conflict of laws
• Consent in surrogacy
• Commercial surrogacy payments
• Citizenship and immigration of children

Read case analysis