R & Anor v A (by her litigation friend, The Official Solicitor) & Anor
[2024] EWFC 341
F, Re
8 November 2024
[2024] EWHC 2849 (Fam)
High Court
A couple wanted a baby but couldn't have one naturally. Their friends helped by acting as surrogates. The court made it legal for the couple to be the child's parents, because everyone involved agreed and followed the rules.
Key Facts
- •Application for a Parental Order for F, born through surrogacy.
- •Applicants (Mr. and Mrs. W) are a married couple; Respondents (K and E) are a German same-sex couple.
- •K, a friend of the applicants, acted as the surrogate mother.
- •The surrogacy arrangement was altruistic; K received reasonable compensation for lost earnings and expenses.
- •Parental Order Report recommended granting the order.
- •Applicants met all statutory criteria for a Parental Order under section 54 HFEA 2008.
Legal Principles
Parental Orders transfer legal parenthood from the surrogate to the intended parents.
HFEA 2008, Parental Order Regulations 2018, Family Procedure Rules 2010
Criteria for a Parental Order include: artificial conception, genetic relation to one IP, IPs are married/civil partnership/enduring relationship, application within 6 months of birth, child living with IPs, IPs over 18, reasonable expenses paid to surrogate, free and unconditional consent from surrogate and other parent.
section 54 HFEA 2008
Surrogate's consent must be freely and unconditionally given with full understanding; it's a veto power for the court.
section 54(6) HFEA 2008, Re C [2023] EWCA Civ 16
A Parental Order is distinct from an adoption order; it creates legal parentage without changing the child's lineage.
AB v CD [2015] EWFC 12, G v G [2012] EWHC 1979 (Fam)
In cases involving a same-sex couple as surrogates, both partners' consent is required.
section 42 HFEA 2008
Outcomes
Parental Order granted.
All statutory criteria were met; surrogate and her partner freely consented; payments were reasonable.