- Published on
KembaraXtra-Case Law-Re Q (Parental Order) (1996)
I. Core Concept
Deals with parental orders in surrogacy arrangements where the commissioning couple provides gametes.
II. Facts of the Case
Commissioning Couple: Mr. and Mrs. B.
Surrogate: Miss A.
Arrangement: Mr. and Mrs. B paid Miss A £8,280 in expenses for carrying an embryo created using their gametes.
Initial Hesitation: After the birth, Miss A initially sought legal advice about keeping the child.
Eventual Agreement: Miss A ultimately agreed to the parental order.
III. Court Decision
The High Court granted the parental order to Mr. and Mrs. B.
Expenses Deemed Reasonable:
£5,000 compensation for Miss A's loss of earnings.
£3,280 covered pregnancy expenses and childcare for her other children (hospital visits, etc.).
IV. Legal Framework
Default Position (s.27 HFEA 1990): The surrogate is the legal mother.
s. 30 of the HFEA 1990 and Parental Orders: Outlines conditions for the court to grant a parental order, transferring legal parentage.
(a) Surrogacy Requirement: The child was carried by a surrogate mother after embryo/sperm and egg placement or artificial insemination.
(b) Genetic Link: The commissioning couple's gametes (husband, wife, or both) were used to create the embryo.
(c) Additional Conditions: Subsections (2)-(7) (not detailed here) must be satisfied.
V. Key Points & Implications
Retrospective Authorization: The court authorized the expenses after they were incurred. This follows precedent from Re Adoption Application (Payment for Adoption) (1987).
Genetic vs. Legal Fatherhood: Even though Mr. B was the genetic father, s. 28 of the HFEA 1990 states that he is not the legal father until the parental order is granted. Before the order, the surrogate's husband (if any) would be the legal father (even if not genetically related). """
I. Core Concept
Deals with parental orders in surrogacy arrangements where the commissioning couple provides gametes.
II. Facts of the Case
Commissioning Couple: Mr. and Mrs. B.
Surrogate: Miss A.
Arrangement: Mr. and Mrs. B paid Miss A £8,280 in expenses for carrying an embryo created using their gametes.
Initial Hesitation: After the birth, Miss A initially sought legal advice about keeping the child.
Eventual Agreement: Miss A ultimately agreed to the parental order.
III. Court Decision
The High Court granted the parental order to Mr. and Mrs. B.
Expenses Deemed Reasonable:
£5,000 compensation for Miss A's loss of earnings.
£3,280 covered pregnancy expenses and childcare for her other children (hospital visits, etc.).
IV. Legal Framework
Default Position (s.27 HFEA 1990): The surrogate is the legal mother.
s. 30 of the HFEA 1990 and Parental Orders: Outlines conditions for the court to grant a parental order, transferring legal parentage.
(a) Surrogacy Requirement: The child was carried by a surrogate mother after embryo/sperm and egg placement or artificial insemination.
(b) Genetic Link: The commissioning couple's gametes (husband, wife, or both) were used to create the embryo.
(c) Additional Conditions: Subsections (2)-(7) (not detailed here) must be satisfied.
V. Key Points & Implications
Retrospective Authorization: The court authorized the expenses after they were incurred. This follows precedent from Re Adoption Application (Payment for Adoption) (1987).
Genetic vs. Legal Fatherhood: Even though Mr. B was the genetic father, s. 28 of the HFEA 1990 states that he is not the legal father until the parental order is granted. Before the order, the surrogate's husband (if any) would be the legal father (even if not genetically related). """
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