CW v NT and Another: FD 21 Jan 2011

The mother had entered into a surrogacy arrangement to be inseminated, and give birth to the child, but then declined to transfer the child. The intended parents now sought a residence order. Payments had been made toward expenses, but no written agreement had been entered into.
Held: None of the three principals had been frank with the court. Even so, the mother’s change of heart and decision to keep the child seemed genuine. The prospective parents showed a worrying lack of insight into the child’s needs, and had misled the court about their past attempts at surrogacy. The court asked itself in which home was T most likely to mature into a happy and balanced adult and to achieve her fullest potential as a human. Such cases must each turn on their own facts. In this case there were real doubts about the applicants’ ability to provide for the child’s emotional needs. T should stay with her mother.

Baker J
[2011] EWHC 33 (Fam)
Children Act 1989, Surrogacy Arrangements Act 1985, Human Fertilisation and Embryology Act 1990, Human Fertilisation and Embryology Act 2010
England and Wales
CitedIn Re P (Surrogacy: Residence) FD 2008
A mother had five children, but by different fathers. The last two under surrogacy arrangements. The first of these two was conceived after artificial insemination. During the pregnancy she told the biological father and his wife that she had . .

Lists of cited by and citing cases may be incomplete.


Updated: 26 January 2022; Ref: scu.428196