Family and Children
In the case of Re X and Y (children-foreign surrogacy), The High Court, Family Division, granted parental orders in respect of two children born to surrogate mothers abroad.
The applicants were a married couple who had unsuccessfully tried to have a child for five years. They approached a company in India and completed surrogacy agreements. Two children were born to surrogate mothers and as agreed the couple took over care of the infants. The husband was the biological father of both children, the biological mother an anonymous egg donor. The surrogate mothers signed declarations giving up all legal rights over the children. The couple then applied for parental orders in respect of the children.
After careful consideration of section 1 (2) of the Adoption and children Act 2002, section 54 (8) of the Human Fertilisation and Embryology Act 2008 and the Human Fertilisation and Embryology (Parental Orders) Regulations 2010 the applications were granted.
It was ruled that the couple were genuine in their application and that the payments made were not disproportionate. The couple had paid for the surrogates’ medical fees and had paid additional non-medical expenses such as legal fees. Although payments had been made to the surrogates for their services the couple had acted in good faith and had made no attempt to defraud the authorities.
The court scrutinises such cases carefully to ensure children are protected and not effectively being purchased from overseas.