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INTERNATIONAL SURROGACY: Re X and Y (S 54 HFEA 2008) [2011] EWHC 3147 (Fam)

Date:5 DEC 2011

(Family Division; Sir N Wall P; 6 December 2011)

 Parental orders were made under S 54 of the Human Fertilisation and Embryology Act 2008 in respect of two children. Both were born to surrogate mothers in India. They were conceived by the father and an anonymous egg donor so both children are full biological siblings. Both children lived with the parents since day they were born. Surrogacy had been only the option left for the parents, who tried unsuccessfully to have their own biological children. The parents did not consult English lawyers prior to surrogacy agreement but were aware of legal implications. All parties signed surrogacy agreements and agreed financial compensation. The parents made citizenship applications for the children. Compensation paid to surrogates via clinic in India but unclear how much was paid to the surrogates and what the monies paid to them covered.

Although the payments went beyond reasonable expenses, it was not disproportionate and in welfare interests of children.