A biological mother has successfully appealed against a parental order for her son being granted in favor of the intended parents in a surrogacy arrangement. 

Case Background 

The parties had signed a surrogacy agreement, and the baby boy was handed over to the intended parents after birth. The biological mother, S, later felt a sense of loss and received postnatal counseling. She refused to consent to the parental order, wanting to retain parental responsibility and legal rights to spend time with the baby. She later agreed to consent if a child arrangements order (CAO) provided for monthly contact. 

Court Proceedings 

During a remote hearing, S gave oral consent to the parental order but later emailed the parents, stating she had felt pressured and had only provided conditional consent. Contact between S and the child stopped, and the parents applied to discharge or vary the CAO. 

Court of Appeal’s Decision 

The Court of Appeal ruled in favor of S, stating that consent must be given freely and with full understanding of what is involved. The lack of formal consent procedures put the court on guard. The court found that S was under unwitting but palpable pressure and that the parental order should not have been made under those circumstances.