Background to the case
The High Court has handed down a significant judgment in respect of surrogacy in A & B v C & D [2026] EWHC 972 (Fam), which Mr Justice Williams gave after considering several applications for parental orders under section 54 of the Human Fertilisation and Embryology Act 2008 (HFEA 2008). Dr Bianca Jackson, barrister with Coram Chambers, acted for one of the couples applying for parental orders.
Mr Justice Williams granted parental orders in all of the cases. However, the judgment goes further. It addresses key legal questions about the time limits for applications, domicile requirements, surrogate payments, and the role of public policy in these proceedings. It also provides important guidance for intended parents considering surrogacy arrangements, highlighting the need for early legal advice, detailed evidence, and, most importantly, the child’s welfare.
Welfare of the child comes first
A central issue in this case was how the court should treat payments to surrogates that go beyond “reasonable expenses” and the interplay between the welfare principle and public policy. Section 54(8) of HFEA 2008 restricts payments, but the reality is often more complex. In contrast to the previous case law, Mr Justice Williams concluded that pure public policy concerns cannot, on their own, prevent the making of a parental order. The judgment recognises that the courts have repeatedly authorised payments to surrogates if the parental order is in the child’s best interests. This approach means that public policy objections become secondary unless Parliament takes steps to amend the law.
Key takeaways
- The High Court granted parental orders in cases involving payments above reasonable expenses.
- The child’s welfare remains the paramount consideration in all parental order cases.
- The court’s judgment questions whether current public policy has any real effect on commercial surrogacy decisions.
- Legislative reform may be needed if Parliament wants to change this balance.
This case, in which Bianca played a key role, is likely to shape the future of surrogacy law in England and Wales.
You can read and download the full judgment below.
