This case illustrates some of the concerns.
Sir Andrew McFarlane P:
'Some months ago, I determined applications for the adoption of two four-year-old children, Y and Z. This further judgment is now being handed down and made public in order to draw attention, in entirely anonymous terms, to the circumstances of the case which are likely to be a matter of public interest and concern, and to offer some advice for those who may, in future, unwisely seek to follow the path taken by the two applicants in this case by engaging in an unlawful, commercial, foreign surrogacy arrangement.
The two children who were the subject of the application were born on the same day and each is the full genetic sibling of the other, having been conceived in embryo form as a result of a donation by an anonymous donor of eggs and an anonymous donor of sperm. They are not, however, fully twins as the embryos that resulted in the birth of Y, and separately of Z, were carried by two different surrogate mothers. A surrogacy arrangement had been commissioned by the two applicants, Ms W and Ms X, who were in a long-established and enduring relationship and who were resident here in the United Kingdom. In addition, Ms X was domiciled here and had been a UK resident effectively all of her life. A significant feature of the case was that, by the time of the hearing before me, one of the applicants was over 70 years old and her partner was fast approaching that age.
The couple had decided to investigate the possibility of having children some years ago. Both of them, by then, were well into their middle age and beyond child-bearing years. They considered adoption and they considered other arrangements that could be made in this jurisdiction. However, none of these enquiries led to any firm plan and thus they found themselves investigating other options and, in some way, established a connection with a foreign surrogacy clinic, which they had understood, was based in Southern Cyprus.
It was only after the arrangements had been advanced to a significant degree that they came to understand that the clinic was in fact operating in the Turkish Republic of Northern Cyprus, where surrogacy, on my understanding, is unlawful and where the placement of children with same-sex couples is also not permitted by law.
The clinic, on the information this court had, seemingly operated on some scale and used women from Ukraine as surrogate mothers. The court papers contained an article from an American magazine published in 2020, which described some dozen or more Ukrainian women at the clinic who were engaged in surrogacy. Assuming that article to be broadly accurate, it gave some idea of the scale of the operation.
The two individuals who donated gametes to create the embryos had been chosen by Ms W and Ms X to replicate their own racial characteristics. The two embryos were successfully implanted and pregnancies became established in the two surrogate mothers. The contracts signed by the two applicants and the clinic show that a significant sum of money was paid for the creation of these two children. The court was told by the solicitor now acting for the applicants that it was in the region of £120,000.'
Continues here:
https://www.bailii.org/ew/cases/EWHC/Fam/2025/339.html