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Re AB (Surrogacy: Consent) [2016] EWHC 2643 (Fam)

Date:1 NOV 2016
Third slide
Law Reporter

(Family Division, Theis J, 25 October 2016)

Private law children – Surrogacy – Consent – Surrogate refused to provide consent to parental order application

The application for parental orders was adjourned.

The mother and father were unable to have children and were introduced to the surrogate through a non-profit organisation. A surrogacy agreement was signed and embryos created using the parents’ gametes were implanted.

The surrogate became pregnant with twins but during the pregnancy she was advised that there were health concerns if she were to continue with the pregnancy. Further advice was sought and the surrogate carried the children to full term but relations with the parents broke down due to the surrogate feeling she had not been adequately supported by the parents.

The parents had cared for the children since birth and the surrogate and her husband stated that they wished to have nothing more to do with them. Child arrangements orders were made which conferred parental responsibility on the parents and prevented the surrogate and her husband from being able to exercise parental responsibility. Applications for parental orders were made and all of the criteria under s 54 of the HFEA 2008 were met apart from the consent requirement.

The application for parental orders had to come to a halt. There was no way that parental orders could be made without the consent of the surrogate. The parents sought an adjournment in the hope that the surrogate would change her mind.

The application was adjourned generally with liberty to restore.

This judgment was delivered in private. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the children and members of their family must be strictly preserved. All persons, including representatives of the media, must ensure that this condition is strictly complied with. Failure to do so will be a contempt of court.

Case No: ZC15P00936

Neutral Citation Number: [2016] EWHC 2643 (Fam)
Siting at Canterbury

Royal Courts of Justice
Strand, London, WC2A 2LL

Date: 25/10/2016



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C and D

- and -

E and F
1st and 2nd Respondents

- and -

A and B (by their Guardian)
3rd and 4th Respondents

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Ms Barbara Connolly QC & Mr Colin Rogerson (instructed by Dawson Cornwell) for the Applicants
Mr Richard Jones (instructed by Wedlake Bell) for the 1st and 2nd Respondents
(Both Counsel and Solicitor Acted Pro Bono)
Ms Deirdre Fottrell QC (instructed by Goodman Ray) for the 3rd and 4th Respondents

Hearing date: 29 September 2016

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Re AB (Surrogacy Consent) [2016] EWHC 2643 (Fam).rtf
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