Surrogacy in unusual circumstances: X, Re [2020] EWFC 39

This case concerns a child (X) born via surrogacy in unusual circumstances. The child was conceived after a difficult and emotional journey for the intended parents (Mrs and Mrs Y) via IVF. An embryo was created using Mr Y’s sperm and an egg donor and carried by a married surrogate (Mrs Z) in a domestic surrogacy arrangement. Tragically and without warning Mr Y the intended father died 4 months before the child’s birth.

Mrs Y was not eligible to bring an application for a parental order under section 54 Human Fertilisation and Embryology Act 2008 (HFEA) as a single applicant because she had no genetic affiliation to the child.

Mrs Y then took the unprecedented step of applying for a parental order jointly with her deceased husband so that they could both acquire legal parenthood for the child and therefore both be included on the child’s birth certificate. This application brought within the requisite six month limit had the full support of the surrogate and her husband Mrs and Mr Z and the Children’s Guardian.

The case...

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