case updates

Nov 6, 2025

Another anonymous surrogacy case, another judicial warning – how many before the court draws a line?

As reported in previous blog posts, there have recently been several cases where the court had to determine whether a parental order (or adoption order) could be granted in favour of intended parents after they had engaged in a cross-border surrogacy arrangement with an anonymous surrogate. Last month, in B & Another v D & Continue reading

case updates, consent, parental orders, parenthood
Feb 13, 2025

Case Update: Anonymous surrogacy and consent (Re H (Anonymous Surrogacy))

In a judgment reported last week, Sir Andrew Macfarlane, the President of the Family Division, had to determine whether a parental order could be granted in favour of intended parents in circumstances where the surrogate was not able to be identified so as to provide consent. The case raises important points in relation to the Continue reading

case updates, consent, international arrangements, parenthood
Nov 29, 2024

Case Update: Inability to consent to a parental order (R & Anor v A & Anor)

In a reported judgment this week, the court was required to consider the interpretation and application of s 54(7) Human Fertilisation and Embryology Act (HFE Act) 2008, in the most tragic of circumstances. Following a difficult pregnancy, the surrogate suffered respiratory arrest during the caesarean section owing to a reaction to anaesthesia. This left her Continue reading

case updates, consent, parental orders, parenthood
Nov 1, 2024

Case Update: Parental orders and public policy concerns (Re Z (Foreign Surrogacy))

The case of Re Z (Foreign Surrogacy), heard by Theis J in October provides an interesting insight into how factors beyond s54 Human Fertilisation and Embryology Act 2008 may become relevant when determining whether to grant a parental order following a surrogacy arrangement. As has been discussed in several posts on this blog, whilst the Continue reading

case updates, international arrangements, payments
Mar 14, 2024

Case Update: Adoption order following surrogacy (three’s a charm) (Mr & Mrs J v Mr & Mrs P and others)

Although adoption orders following a surrogacy arrangement are not common, this is the third such reported case in a short period of time. The judgment, published in March, concerned an application for adoption of a child born of a traditional surrogacy in 2005 meaning that by the time of the hearing, the surrogate-born individual was Continue reading

adoption, case updates, consent, parenthood
Mar 6, 2024

Case Update: Refusal of step-parent adoption order following surrogacy (Re Z (Surrogacy: step-parent adoption))

Earlier this year, another reported judgment considered whether a step-parent adoption order could be granted to re-allocate legal parenthood following surrogacy. Re Z (Surrogacy: step-parent adoption) concerned an application for a step-parent adoption after an earlier decision that a parental order could not be granted. On the facts, the application was refused. This post examines Continue reading

case updates, consent, parental orders, parenthood
Dec 6, 2023

Case Update: Step-parent adoption order following surrogacy (Re H (Surrogacy: step-parent adoption))

In the recent case, Re H (Surrogacy: step-parent adoption), rather than granting a parental order, the court– at the request of the intended parents – granted a step-parent adoption order. The decision is significant in highlighting the respective benefits of each order. Whilst both orders effectively transfer legal parenthood from the surrogate to the intended Continue reading

case updates, parental orders, parenthood
Jul 20, 2023

Case Update: Permission to withdraw parental order application (A v B and others)

The judgment of A v B and Others, decided last week, demonstrates the complex factual circumstances that the court can be left to unpick in relation to surrogacy, donated gametes and arrangements for children’s care. Background to the case The approved judgment that has been published relates to just one hearing of several concerning two Continue reading

case updates, consent, parental orders, parental responsibility
Apr 28, 2023

Case Update: Home Insemination (AY & Another v ZX)

The case of AY & Another v ZX, published this week, provides judicial confirmation that s54 Human Fertilisation and Embryology Act 2008 applies to private surrogacy arrangements, granting parental orders to twin children that had been conceived through home insemination. Background to the case Despite a relatively straightforward factual matrix, the case was referred from Continue reading

case updates, parental orders, parenthood
Apr 13, 2023

Case Update: Domicile Determination (X & another v Z & another)

The recent case of X & another v Z & another provides a timely example of how the requirements contained within s54 Human Fertilisation and Embryology Act 2008 may operate in tension with the court’s obligation to have the lifelong welfare of the child as a paramount consideration. The case can be analysed in light Continue reading

case updates, domicile, parental orders

About the blog

Welcome to the Reforming Surrogacy Law blog, created by Lottie Park-Morton.

This blog will provide regular updates and insights on the development of potential law reform relating to surrogacy, in light of the Law Commissions’ report and draft bill.

All posts are authored by Lottie, unless otherwise stated. Aimee Morgan, a research assistant on the project, is also a contributor.

All views and errors are our own.

reforming surrogacy law

case updates

Case Update: Parental orders and public policy concerns (Re Z (Foreign Surrogacy))

Case Update: Step-parent adoption order following surrogacy (Re H (Surrogacy: step-parent adoption))

Case Update: Home Insemination (AY & Another v ZX)

Case Update: Domicile Determination (X & another v Z & another)

About the blog

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