England: man who slept with surrogate mother successful in court battle
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A court has heard an unusual case in which a British man, with the approval of his infertile wife, conceived a baby with an African woman in Germany but with whom the couple subsequently fell out over the child’s living arrangements.
Mrs Justice Pauffley described the case as “quite extraordinary” following a private hearing in the Family Division of the High Court.
She said the couple resided in London and that the child, a boy, was born in Germany in autumn 2013.
Deirdre Fottrell QC, for the biological mother, said the agreement had been for the boy to live with her but see the father on a regular basis.
Under German law she claimed “rights of custody” and argued any decisions about the boy ought to be made by a judge in that jurisdiction.
The biological mother “strongly denied” the arrangement involved the couple raising the child.
She claimed she had merely agreed to have a baby for them.
She added the couple had taken advantage of her and that they “had never had that discussion — that the child would go to live in London”.
Andrew Norton and Marlene Cayoun, for the father, said, however, that the agreement had been for the boy to live with the British man and his wife in England and see his biological mother over the holidays. They noted the boy was a British citizen.
Mrs Justice Pauffley, finding in favour of the British man, said the dispute should be resolved in England rather than Germany.
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