AB v CD (Surrogacy: Time Limit and Consent)

Children and young persons – Parental orders. The applicants sought parental orders in respect of children that had been conceived through a surrogacy arrangement in India in circumstances where the applications had been made outside the six month time limit and where there was a possibility that the surrogate had been married at the relevant time. The surrogate could not be found, although she had previously provided an affidavit consenting to the applicants becoming parents. The Family Court determined that, despite the delay, there were benefits in allowing the applications to proceed. Further, the surrogate's husband had not consented to the arrangement and the surrogate's consent was not required on the ground that she could not be found. All other criteria of s 54 of the Human Fertilisation and Embryology Act 2008 having been met, the parental orders would be made.

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