England and Wales Case Law

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

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Y & Anor. v V & Ors.

The Family Court granted parental orders for twins W and X after finding the section 54 HFEA 2008 criteria met in a foreign surrogacy case.

• Parental orders
• Surrogacy arrangements
• Consent
• Domicile
• Public policy
• Payments in surrogacy

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Y & Anor v V & Ors

Y & Anor v V & Ors [2022] EWFC 120 (13 October 2022)

The Family Court granted a parental order for two children born through surrogacy, holding the statutory criteria were met and authorising related payments.

• Parental orders
• Same sex marriage
• Domicile
• Consent
• Payments in surrogacy
• Public policy

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Z (A Child) (Surrogacy)

Z (A Child) (Surrogacy) [2022] EWFC 18 (10 March 2022)

The Family Court granted a parental order for a child born through Georgian surrogacy, holding the statutory criteria were met and authorising non-expense payments.

• Parental orders
• Surrogacy arrangements
• Consent requirements
• Payments in surrogacy
• Domicile
• Welfare of the child

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AB (Foreign Surrogacy -Children Out of The Jurisdiction)

AB (Foreign Surrogacy -Children Out of The Jurisdiction) [2019] EWFC 22 (22 February 2019)

Parental order proceedings concerning children born through surrogacy in Iran. The court considered statutory criteria, welfare, consent, payments, and immigration consequences.

• Parental orders
• International surrogacy
• Domicile
• Consent
• Payments in surrogacy
• Child welfare

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C (A Child), Re

The High Court granted a parental order in a surrogacy case, finding the section 54 criteria met, the payments authorisable, and the child’s welfare served by the order.

• Surrogacy
• Parental orders
• Child welfare
• Consent
• Payments in surrogacy
• Parental-orders

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J v G

J v G [2013] EWHC 1432 (Fam) (26 March 2013)

The High Court granted a parental order for twins born through a Californian surrogacy arrangement, authorised payments to the surrogate, and found the children’s welfare required the order.

• Parental orders
• International surrogacy
• Child citizenship
• Consent requirements
• Payments in surrogacy
• Parental-orders

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