PROTRACTED DELAY (UK Cases)
The applicants, D (the biological father) and G (the commissioning mother), entered into gestational surrogacy agreements in California in 2006 and 2009,. Their children, A and B, were born in 2006 and 2009 respectively, and the family returned to the UK shortly after each birth using British passports,,. Under Californian law, D and G were the legal parents, but they were entirely unaware that English law required a parental order to secure their status in the UK,.
It was not until 2012, through a newspaper article, that they realised they were not the children’s legal parents under domestic law. By the time they applied for an order in 2014, the children were 8 and 5 years old—well beyond the six-month statutory time limit prescribed by Section 54(3) of the Human Fertilisation and Embryology Act 2008 (HFEA 2008).
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