Parental order granted despite untraceable gestational mother
A British-Nigerian couple has been granted a parental order by the High Court after a complex surrogacy case in Nigeria. The ruling comes after the birth mother could not be traced, leaving the child’s legal status uncertain. The judge determined that the order was in the best interests of the child, who is now thriving in a stable home.
The child, known as H, was born in Lagos in March 2024 following an embryo transfer arranged through Lifelink Fertility Centre. The intended parents, referred to as B and C, later discovered that the clinic had used a second surrogate without their knowledge. They never met the birth mother, who remains untraceable.
The couple applied for a parental order in June 2024, leading to a legal process that spanned four hearings over 15 months. Their legal team included Ralph Marnham of 4PB, instructed by Collyer Bristow. The court noted that Marnham did not represent the alleged surrogate during negotiations.
By June 2025, the child’s immigration status became a concern after the Home Office revoked H’s Right of Abode. Despite these challenges, the judge ruled that B and C met the criteria under the Human Fertilisation and Embryology Act 2008. The court also emphasised the risks of anonymous surrogacy arrangements, urging intended parents to avoid such situations in the future.
The parental order secures H’s legal status with B and C, ensuring the child remains in a loving and secure home. The case highlights the complexities of international surrogacy, particularly when birth mothers are untraceable. The ruling reinforces the need for clear legal safeguards in cross-border fertility arrangements.
