A 'difficult and tragic' surrogcacy case Re X [2020] EWFC 39

Set against what Mrs Justice Theis recognises as a “difficult and tragic background”  Re X [2020] EWFC 39 marks the first case in which the Court considered an application for a parental order where the intended father died during a surrogacy pregnancy. Whilst all the welfare instincts of the Court seemed to point towards the parental order being made Mrs Justice Theis was compelled to consider each of the requirements under section 54 Human Fertilisation and Embryology Act 2008 (HFEA) against the backdrop of the European Convention of Human Rights.

Background

After facing difficulties in being able to fulfil their wish of starting a family Mr and Mrs Y were introduced to the respondents Mr and Mrs Z and the parties mutually agreed to enter into a surrogacy agreement in 2017. The embryo was created using the gametes from Mrs Z and Mr Y and was transferred to Mrs Z in May 2018. Throughout the duration of the pregnancy the parties remained in “very close touch and their relationships inevitably grew and became stronger.” It was always the intention that Mr and Mrs Y would apply...

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