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Thursday, March 12, 2015

B v C (Surrogacy: Adoption) [2015] EWFC 17

Surrogacy – Adoption – Child born via surrogacy arrangement with man’s mother – HFEA 2008, s 54 – Whether an adoption order should be made in the man’s favour

An adoption order was made in respect of a 7-month-old child who was born by way of a surrogacy arrangement between the man and his mother.

The 7-month-old child was born as a surrogacy arrangement whereby the single man’s mother agreed to be the gestational carrier for child conceived using the man’s sperm and a donor egg. The mother’s husband fully supported the agreement.

Implantation of the embryos only took place after the parties had counselling and all treatment was undertaken by a fertility clinic licensed by the HFEA.

The legal parents of the child were the mother and her husband. Pursuant to s 54 of the HFEA 2008 a parental order could not be granted in favour of the man because he was not in an enduring family relationship, marriage or civil partnership. He was, however, able to apply for an adoption order subject to the provisions of s 92 of the Adoption and Children Act 2002 by virtue of s 51(1) of the Act.

The man had already been granted leave under s 42(6) of the ACA 2002 for permission to apply for an adoption order before the child had lived with him for 3 years.

Detailed reports had been prepared for the hearing and supported the adoption order being made. The child had reportedly formed a secure attachment with the man who understood the need to explain how the child was born to him at an appropriate stage of his development.

It was clear that the family had thought carefully about the arrangement and sought appropriate advice. The strength of the familial relationships and the consequent support they would provide in the future would ensure that the child’s lifelong welfare needs were met. An adoption order was granted.


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