Surrogacy

Question 1

Re P

Answer 1

Mother lied about miscarrying to keep baby. Court give commissioning parents residency due to deceit

Question 2

Re X and Y Dicta

Answer 2

Hedley- Impossible to see scenario where court could refuse order thanks to welfare principle

Question 3

Surrogate can’t be found to consent?

Answer 3

RS v T - Have to exhaust all avenues, then it can be bypassed

Question 4

Surrogate refuses to consent?

Answer 4

Re AB - Parental Order not possible, so parents make adoption order

Question 5

Are they domiciled here?

Answer 5

ZB v C - Israeli Couple
G &M - Sold French House
Re A&B - Living in different houses

Question 6

Maximum money we’ve allowed?

Answer 6

Re C - £31,500

Question 7

Test for reasonable money?

Answer 7

Re X and Y - Affront to public policy? Overbearing will of surrogate? Good faith? Intention to deceive?

Question 8

One applicant dies in the process?

Answer 8

A v P - Order still granted

Question 9

Single parent from abroad?

Answer 9

Re Z - Law declared incompatible.

Question 10

Time limit bypassed?

Answer 10

Re X - Munby - Parliament couldn’t have intended that if someone is 1 day late they cannot apply.