Family Law Hub

B (Adoption: Surrogacy and Parental Responsibility) [2018] EWHC 86

An adoption application brought in respect of a baby born to a gestational surrogate in the Ukraine.

  • In brief: Here, we have an adoption application brought by the applicant (“X”) in respect of B, who was born to a gestational surrogate in the Ukraine in August 2017. Prior to the adoption order being made, X had no legal status in respect of B, although a child arrangements order was made in X’s favour so that she could consent to medical treatment on B’s behalf. B’s father (“Y”) had initially wanted involvement in B’s upbringing, but during the pregnancy changed his mind and wanted no further role. Both Y and the surrogate (“Z”) consented to X’s application to adopt B and ultimately the court made an adoption order in X’s favour. A notable feature of the judgment is that X was, for a period, exposed to a legal lacuna. Following her birth, Ukrainian law conferred parental rights on X and Y, and no rights or responsibilities on the surrogate. In this jurisdiction, the Ukrainian parental rights were not recognised, leaving B in a potential situation of being a “legal orphan” and “potentially stateless” (per Hedley J in Re X and Y (Foreign Surrogacy) [2008] EWHC 3131. This was remedied only once an adoption order was made, giving X the status of B’s legal parent.

Case note, published: 23/09/2019


Published: 23/09/2019


Copyright in the original legal material published on the Family Law Hub is vested in Mills & Reeve LLP (as per date of publication shown on screen) unless indicated otherwise.


The Family Law Hub website relates to the legal position in England Wales and all of the material within it has been prepared with the aim of providing key information only and does not constitute legal advice in relation to any particular situation. While Mills & Reeve LLP aims to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. You therefore acknowledge and agree that Mills & Reeve LLP and its members and employees accept no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our website except to the extent that such liability cannot be excluded by law.

Bookmark this item