Introduction
1.The court is concerned with an application for a parental order in relation to two children, W and X, age 2 years. The applicants, Y and Z, are a same sex couple who currently live with the children in Thailand. Y is a British Citizen currently working there and Z is an Indonesian national. The respondents to the application are the gestational surrogate, V, and the children, W and X, who were joined as parties to the application.2.The issues in the case are whether some of the criteria in section 54 Human Fertilisation and Embryology Act 2008 (HFEA 2008), which enable the court to make a parental order, are met. In particular:(i)Has Y has retained his domicile of origin (s54(4)(b))?(ii)Has V given consent to the court making a parental order in accordance with s54 (6) and (7)?(iii)Whether further steps should be taken to locate V’s husband (s54 (6) and (7)) or conclude he did not consent to the embryo transfer with the result his consent is not required.(iv)Whether the court should authorise any payments made other than for expenses reasonably incurred (s54(8)).(v)Whether there are there any public policy reasons why the order should not be made.3.The court is very grateful to both Mr Powell and his instructing solicitor, Mr Spearman, who have acted pro bono for the applicants in this case. Their excellent written documents have provided clear analysis of the issues the court is being asked to determine. The court has also benefitted from the expertise of Ms Stanley, Cafcass Legal, who represents W and X. At an early stage in the proceedings she provided a comprehensive document setting out the issues in the case, both legal and factual. 4.Before turning to the details of this case it is important to highlight, once again, that before embarking on a surrogacy arrangement (particularly one that involves arrangements in other jurisdictions) intended parents should have a clear understanding about what is required to secure their legal position in relation to any child born as a result of such an arrangement. To do otherwise leaves the future of the much longed for child at risk, in particular of not being able to secure the lifelong legal parental relationship between the intended parents and the child in the jurisdiction where they wish to live. By failing to take these steps prior to a surrogacy arrangement takes considerable risks in relation to any child born as a result of such an arrangement, and could be said to be an abdication of responsibility intended parents have towards that child.