(Family Division; Baker J; 21 January 2011)

A surrogacy agreement provided for the surrogate mother to be impregnated using the man's sperm and for the child to be handed over to man and his wife. The surrogate mother changed her mind during the pregnancy and refused to hand over child. The father applied for a residence order.

The father's application for residence was refused and a residence order was made in the mother's favour with defined contact to the father. The decision was based on the child's welfare and particularly her emotional needs, regarding which the father and his wife had shown remarkably little insight. Concern was expressed about the parties' use of the internet.