Couple in their 70s become legal parents of surrogate-born toddler

A UK couple in their 70s has been granted legal parenthood of a toddler born via surrogacy in California.

The boy was born to a gestational surrogate, and was conceived using the husband's sperm and a donor egg. The judge granting the parental order noted that the case 'raises an important welfare issue' because the couple are both aged 72, and will be 89 when their son reaches adulthood.

'Despite their current good health, it is foreseeable that their health will decline and that one or both of them will become seriously incapacitated or die before [the child] reaches his majority' said Mrs Justice Knowles in her judgment. 'It is not the purpose of this judgment to moralise about the wisdom of having a baby through surrogacy at an advanced age but this court can and should ensure that the arrangements for that child's future care have been thought about, planned and actioned in case the worst should happen.'

The legislation governing whether a court can grant a parental order in England and Wales is section 54 of the Human Fertilisation and Embryology Act 2008. It does not stipulate any age limits for intended parents except that they should be over 18.

The boy was born in January 2024 and the couple applied to the UK court for the parental order in July, in accordance with the law.

Mrs Justice Knowles noted that a court-appointed parental order reporter (a qualified social worker) had described the boy as a 'much loved and cherished child', and had confirmed that the boy's needs were being met. However, the parental order was not granted until March 2025, because the court wanted to see robust plans in place for the boy's care should one or both parents become unable to look after him.

The couple previously had a son via IVF, who died from cancer in 2020 aged 27.

The judge commended the couple for their transparency, in terms of disclosing details of their arrangement with the Californian surrogacy agency and the surrogate. Although payments exceeded the 'costs reasonably incurred' permitted by UK surrogacy law, the judge noted that this occurred in a jurisdiction where such payments are lawful.

The judge concluded that, ultimately, the child's 'welfare is paramount and overrides these matters because he needs a parental order to recognise and cement his place in his new family.'

The past, present and future of UK surrogacy law will be discussed at the free-to-attend online event 40 Years of the Surrogacy Arrangements Act: What Next for Surrogacy?, taking place on Wednesday 16 July 2025.

Find out more and register here.