This case involved an application for parental orders in respect of twins born through an international surrogacy arrangement following the death of one of the intended parents before the children’s birth. 

Tom Wilson, instructed by Forsters, successfully argued that the court should apply the same interpretation adopted in Re X (Parental Order: Death of Intended Parent Prior to Birth) [2020] EWFC 39 so that the parental orders could be made in the names of both intended parents. Jessica Lee, instructed by Beck Fitzgerald on behalf of the children, supported the application. 

The court held that a sole parental order would fail properly to recognise the children’s identity and relationship with their deceased genetic father, and that section 54 HFEA 2008 should be read compatibly with Articles 8 and 14 ECHR.

The court concluded that parental orders were the only orders capable of accurately reflecting the children’s lifelong identity as the children of both intended parents and made the orders sought.