Family Law Hub

Re X and Y (Foreign Surrogacy) [2008] EWHC 3030 (Fam)

Judgment, published: 01/10/2008

Items referring to this

  • Judgment, 10/03/2013, free
  • Application for a parental order under s.54 of the Human Fertilisation and Embryology Act 2008 Case note, 15/04/2013, free
  • Application for a parental order in relation to a child born pursuant to section 54 Human Fertilisation and Embryology Act 2008 (‘HFEA 2008’). The child was conceived through IVF treatment in Moscow, with the First Applicant’s sperm and eggs from an anonymous Russian donor, and carried by a married Russian surrogate mother. Parental order made. Judgment, 02/08/2013, free
  • Judgment, 01/10/2012, free
  • Application by a same sex couple for parental orders in respect of twins born to a surrogate mother in the USA. At the end of the judgment, the judge emphasises the need for parental orders to be made promptly in respect of children born as a result of international surrogacy agreements. Judgment, 28/05/2013, free
  • Surrogacy case in which the court had to decide if significant sums paid to the surrogate mother, which were made after the US surrogacy agent drafted an agreement, were disproportionate to reasonable expenses. Although it was conceded that payments other than for expenses reasonably incurred was unlawful in the state in which the surrogate lived, the judge ruled that the biological parents acted in good faith and were not aware of any difficulties until the issue was raised by their lawyers in this jurisdiction. The judge therefore authorised the payments under s 54 (8) and granted parental orders in favour of the biological parents. Judgment, 21/11/2013, free
  • A case providing another cautionary tale of the difficulties that can be encountered in entering into foreign surrogacy arrangements. The main questions here, when considering an application for a parental order, were whether consent had been given by the surrogate mother and whether the court should authorise payments totalling almost $28,000 to the surrogate agency. Judgment, 01/05/2014, free
  • Judgment from The President concerning surrogacy, parental orders, the six month time limit for application from the child's date of birth and whether the court has jurisdiction to make such an order if the application is made after the expiration of 6 months. He concludes it does. Judgment, 03/10/2014, free
  • Judgment from The President concerning surrogacy, parental orders, the six month time limit for application from the child's date of birth and whether the court has jurisdiction to make such an order if the application is made after the expiration of 6 months. Case note, 20/11/2014, members only

Published: 01/10/2008

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