Couple in seventies win right to parent surrogate baby

Telegraph

28-05-2025

A couple in their 70s have won the right to parent a surrogate baby boy despite a judge's concerns they may both die before he reaches adulthood.
The husband and wife, who are both aged 72, applied for a parental order to become the legal guardians of the child, who was born via a surrogate in California.
In a judgment passed down from the family division of the High Court, the judge highlighted issues with the age of the couple – referred to only as Mr and Mrs K.
The baby, referred to as B and now 16 months old, was born to a surrogate using Mr K's sperm and a donor egg.
Mrs Justice Knowles said the court needed to 'carefully' examine what arrangements had been made in the event of their deaths, after pointing out the 'undeniable fact' they would likely be 82 when B started secondary school and 89 when he reached adulthood.
'They have begun parenting at a time in their lives when, despite their current good health, it is foreseeable that their health will decline and that one or both of them will become seriously incapacitated or die before B reaches his majority,' she said.
'That reality has a direct impact on B's welfare, both immediately and in the not so distant future.'
She added that no matter how fit Mr and Mrs K seem now, their health was 'at the mercy' of an ageing process which becomes 'more cruel and capricious as the years go by'.
'Permanence and security'
However, despite the concerns Mrs Justice Knowles granted the parental order to allow B 'permanence and security' in his care arrangements.
She said the failure to do so would deny him the 'social and emotional benefits' of a family life with Mr and Mrs K.
The hearing was told the 'wealthy' couple turned to surrogacy after their son, who was born via IVF, died of cancer shortly before his 27th birthday in 2020.
They had 'taken heart' from the stories of other grieving parents who 'found solace' in having other children following the death of a child.
Mr and Mrs K then embarked on their surrogacy journey but were 'adamant' they were not trying to replace him or 'manage their grief'.
After a suitable surrogate was identified through an agency in California, B was born in January last year having paid £151,000 to the woman and the agency, of which £24,635 was deemed to be 'reasonably incurred'.
The couple now 'devote themselves' to his care, in which they are assisted by a nanny who comes to the family home five days a week.
They have also made arrangements with a couple in their 30s and family members to look after B in the case of their deaths.
Concluding her decision, the judge wished the family 'every happiness in future'.
Helen Gibson, the founder of Surrogacy Concern, said the case was 'abhorrent'.
'We are appalled to see a parental order awarded in this case; this child would have been better off being placed in the care of another family, not being left to be raised by people likely to be dead before he reaches the age of majority,' she said.
Lexi Ellingsworth, co-founder at Stop Surrogacy Now UK, added: 'This case is yet another example of the flaws in our current law and in proposed reforms recommended by the Law Commission.
'There are no upper age limits for commissioning parents, or for surrogate mothers, and the 'parental order pathway' would continue to allow Britons to go abroad to buy babies'.