Additional considerations for older intended parents considering international surrogacy (Mr and Mrs K v Mr and Mrs Z)
Family analysis: In Mr and Mrs K v Mr and Mrs Z the court considered an application for a parental order by the intended parents, (the applicants), who were both aged 72 at the time of their application. The child had been born via a surrogacy arrangement in California. While all elements of section 54 of the Human Fertilisation and Embryology Act 2008 (HFEA 2008) criteria had been met, Mrs Justice Knowles expressed her concern, at the first hearing, that the applicant’s statements did not sufficiently detail the arrangements for the child’s care should they die or lose capacity during the child’s minority. The court was required to consider the child’s lifelong welfare interests when deciding whether to make a parental order and was obliged to examine carefully what arrangements had been made to secure the child’s welfare should incapacity or death befall either of the applicants. Natalie Sutherland, partner and head of Modern Families at Burgess Mee Family Law considers the decision.