UK high court flags legal risks of anonymous surrogacy after Nigerian couple’s case

“Whilst The Houldsworth, have explained their motivation for opting for an anonymous surrogacy, their decision has caused them a great deal of difficulty in presenting the present application,” McFarlane said.

A couple who resides in the UK , identified as the Houldsworths, faced a two-year legal battle to secure parental rights for their child after opting for an anonymous surrogacy arrangement in Nigeria.

According to court documents, the couple turned to surrogacy in 2022 after unsuccessful medical treatments.

They worked with Lifelink Fertility Clinic in Lagos under the guidance of its medical director and chose an anonymous surrogate, a practice permitted in Nigeria.

The couple completed all necessary legal procedures in Nigeria, but the surrogate’s identity remained undisclosed.

They preferred this arrangement to avoid potential disputes between the surrogate and intended parents.

The embryo transfer took place in mid-2022, and in 2023, the surrogate gave birth to a baby girl.

The couple was present at the birth, and the mother took maternity leave, staying in Nigeria for eight months before returning to the UK.

Their legal challenges began upon their return when they sought parental recognition under UK law.

The UK’s Human Fertilisation and Embryology Act 2008 requires the surrogate mother to provide informed and unconditional consent before a parental order can be issued.

However, because their surrogate remained anonymous, the process became legally complicated.

In 2023, the Houldsworths formally applied for a parental order, submitting a statutory declaration.

However, approval was not immediate due to concerns over the lack of documented consent from the surrogate.

Last month, after lengthy legal proceedings, the High Court granted the couple parental rights.

However, the Judge cautioned against anonymous surrogacy, particularly in international cases.

He noted that while anonymity may seem to simplify matters, it often creates unforeseen legal challenges that delay parental recognition.

The judge also pointed out the UK’s ongoing concerns over international surrogacy and adoption, particularly regarding documentation reliability in Nigeria.

McFarlane warned that future intended parents would be wise to avoid anonymous surrogacy to prevent similar legal complications.

“Having now received pieces of information and evidence from The Houldsworths, bit by bit, over a series of hearings, and, particularly, having now, at last, had sight of the purported surrogacy agreement, the court is in a position to determine the application,” the judge said.

The judge noted that while the law requires a surrogate’s informed consent, an exception applies when the surrogate cannot be located.

After reviewing extensive evidence, including bank statements, WhatsApp exchanges, and various surrogacy-related documents, he determined that the couple had made genuine but unsuccessful efforts to contact the surrogate.

This ruling comes amid increased scrutiny of international surrogacy and adoption practices.

The judge also highlighted existing restrictions on adoptions from Nigeria, citing concerns over inconsistent documentation and potential corruption.