In the case of Re B (Foreign Surrogacy) [2016] EWFC 77, High Court judge Mrs Justice Theis made a parental order in respect of a child born following a surrogacy arrangement in India in 2010 – six years after the usual six month deadline, and notwithstanding that the parents had previously decided against applying.
After returning home to the UK after their daughter’s birth in India, the parents had initially planned to apply for a parental order, and Mr B drafted the consent documents in preparation. These were signed by the Indian surrogate and her husband on 20 August 2010, showing their consent to the granting of a parental order. However, the parents later changed their minds about pursuing their UK court application, deciding that the costs for legal representation were too high, and fearing their parental order application might not be successful and their daughter might be removed from their care.
Read the full article here.