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Family Law

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Court of Protection Practice and Procedure Conference 2016

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09 AUG 2011

SURROGACY: A v P [2011] EWHC 1738 (Fam)

(Family Division; Theis J; 8 July 2011)

A married couple entered into a surrogacy agreement via an Indian clinic. The agreement was valid in India but was not in England unless the payments to surrogate mother were authorised retrospectively. Five embryos were used, two the product of the married couple's genes and three the product of husband and a donor. The married couple applied for a parental order in respect of the child born to a surrogate mother. The husband then died creating various legal issues.

Held that the evidence clearly demonstrated that the child's welfare needs would be met by the making of the parental order.

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