Surrogacy parents win court orders

Sir Nicholas Wall, president of the Family Division, has made parental orders in favour of a couple who obtained two children by paying surrogate mothers in India, despite admitting that it was unclear how much money the surrogates received and what was covered.

The couple paid a clinic in Delhi over 2m rupees or £27,400 to arrange for surrogates to have the children for them, using the father's sperm and eggs from the same anonymous woman.

Giving judgment in In the matter of X and Y children [2011] EWHC 3147 (Fam), Sir Nicholas said that, although Mr and Mrs A had children from previous relationships, they spent five years unsuccessfully trying to have their own baby before considering surrogacy.

Mr and Mrs A explored surrogacy via a British agency but were told they would have to wait three years before being considered because of the shortage of surrogates.

'Mr and Mrs A considered surrogacy in the United States, Georgia and the Ukraine but eventually decided to use a fertility clinic in India,' Sir Nicholas said.

'The specialist there, Dr S, had worked at reputable fertility clinics in the UK and was a member of the British Fertility Association.' Sir Nicholas said it remained 'unclear precisely what sums the surrogate mothers actually received and what the monies paid to them actually covered'.

However, he said that the child's welfare throughout its life must be the court's 'paramount consideration'.

Counsel for Mr and Mrs A argued that they were acting in good faith, and the payments made were 'not so disproportionate that the granting of parental orders would be an affront to public policy'.

Sir Nicholas said he accepted these arguments and made the parental orders asked for.