Lies beget lies – a surrogacy arrangement mutates into an adoption order

Mary Welstead, Visiting Professor in Family law University of Buckingham

In October 2025, the Honourable Ms Justice Henke finally decided the future of baby J, who was almost three years of age. There had been a multiplicity of hearings which began soon after J’s birth in February 2023 following a surrogacy arrangement between a surrogate mother, Ms T, and the intended parents, Mr and Mrs P.

The conduct of all of the parties involved had been beset with lies and deceit. It included the conception of J as a consequence of T’s sexual relationship with one of her lovers, lies about a DNA test, and the falsification of a DNA report for the court. None of this was considered heinous enough to deny J a secure life with her intended parents, Mr and Mrs P, the only family she had ever known. J’s welfare was far more important.

Since Mr and Mrs P were not eligible to apply for a Parental Order (see HFEA 2008, s.54(1)(b) and s.54A(1)(b)) their application for an adoption order was granted.