Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
Hundreds of thousands of companies worldwide fall victims to hackers every year. Is your firm one of them?
SPONSORED CONTENT Image source: Information is beautifulYou and other lawyers and legal assistants in your firm likely have accounts on the hacked websites listed in the image above. If a hacker...
New complaints handling guide offers advice to local authorities
The Local Government and Social Care Ombudsman is today issuing new guidance on effective complaint handling for local authorities.Based on previous documents, the new guide offers practical,...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Family Law Awards winners announced in virtual awards ceremony
The winners of the Family Law Awards 2020 were announced at 4pm during a much-anticipated virtual awards ceremony. Over the past ten years, the Family Law Awards has recognised the leading players in...
Behaviour-based divorces still merit close consideration
Some recent cases illustrate the evidential and procedural issues involved in dealing with proofs on the merits of divorce, which are worth considering even though most cases may conclude on a...
View all articles

SURROGACY: Re S (Parental Order) [2009] EWHC 2977 (Jud)

Sep 29, 2018, 17:20 PM
Slug : re-s-parental-order-2009-ewhc-2977-jud
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Nov 26, 2009, 04:23 AM
Article ID : 89289

(Family Division; Hedley J; 9 November 2009)

The husband and wife applied for a parental order, under s 30 of Human Fertilisation and Embryology Act 1990, in respect of twin children who were the biological children of the husband and a surrogate mother. The arrangements for the children's conception and birth had been made in California, expressed in a Californian surrogacy agreement that was lawful and binding in California. in addition to substantial medical and legal expenses, the agreement provided for $23,000 to be given to the surrogate mother. Prior to the birth a Californian court had made a declaration that the applicants would be the lawful parents of the children. The applicants brought the children back to England on British passports within 3 weeks of the birth. The issue for the court lay in s 30(7), which required the court to be satisfied that no money or benefit had been given in consideration of the surrogacy. It was accepted that the applicants had entered into the agreement in good faith and without understanding that the agreement was not one that would be recognised under English law.

There was a problem for the courts in England and Wales as to the proper approach towards those who, unable to do something lawfully in this country, went overseas to do it perfectly lawfully according to that country and then sought retrospective approval in England and Wales. In this regard the court must be astute: (a) to ensure that commercial surrogacy arrangements were not used to circumvent childcare laws in this country, so as to result in the approval of arrangements in favour of people who would not have been approved as parents under any set of existing arrangements in this country; (b) not to be involved in anything that looked like the simple payment for effectively buying children overseas; (c) to ensure that sums of money that might look modest in themselves were not in fact of such substance that they overbore the will of a surrogate. The parental order would be made in this case as these applicants would not have been prevented from parenting children in this country, and the sums involved were not greatly disproportionate to expenses reasonably incurred. Whenever the issue of s 30(7) arose, the child should ordinarily be represented by a guardian.

Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from