Re (Adoption – Surrogacy) [2024] EWFC 41

Tom Trim

Introduction

Tom Trim an Associate in the family team represented the applicants in the case of Re (Adoption – Surrogacy) [2024] EWFC 41 in their successful application for an adoption order for their adult child.

Background of the Case

The child was conceived as a result of a surrogacy agreement which had broken down in 2005.  The applicants sought to adopt the child as consent for a parental order was not forthcoming from the surrogate and her spouse, which is required for a parental order to be made.

The Court’s Decision

The Judge found that the applicants met the requirements to apply for an adoption order and that the child’s welfare required the consent of the surrogate and her spouse to be dispensed and an adoption order was accordingly made.

Significance of the Ruling

This is the first reported decision of the court dispensing with parental consent in an adoption case with a surrogacy background.  

Related reading: 

• A High Bar For Challenging Adoption Orders
• Post-Adoption Contact With Birth Parent: Not If Adopters Oppose

How we can help

This case marks a pivotal moment in family law, being the first reported instance where the court has dispensed with parental consent in a surrogacy-related adoption case. If you’re facing similar challenges or seeking to understand the implications of this groundbreaking decision contact our team for expert advice. Fill in the contact form below or call 020 7485 8811.

Full details about this case can be found here.