PURPOSIVE CONSTRUCTION OF PROCEDURAL RULES (UK Cases)
The commissioning parents, a married couple domiciled in the United Kingdom, entered into a surrogacy arrangement in India. The child, X, was born in December 2011 using the father’s sperm and a donor egg. Due to the parents’ lack of awareness regarding the specific legal requirements of the Human Fertilisation and Embryology Act 2008 (HFEA 2008), they did not apply for a parental order until February 2014—well beyond the six-month limit set by Section 54(3) of the Act. Under both Indian and English law, the surrogate parents were initially considered the legal parents, leaving the commissioning parents with no legal rights or responsibility for X despite their biological and daily relationship.
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