“…Whilst there is no comparable statutory restriction on surrogacy cases originating from Nigeria, the need for care as to the reliability of documentation and the potential for the involvement of organised child traffickers underscores the need for caution in parental order applications involving a Nigerian surrogacy.”
“A further cause for concern in the present case is the anonymity of the surrogate mother. Not only does anonymity prevent the court from being able to be satisfied that the mother knows of the application and consents to it, it also raises the level of suspicion that the arrangement may have been otherwise than it is said to be. Whilst Mr and Mrs H have explained their motivation for opting for an anonymous surrogacy, their decision has, in fact, caused them a great deal of difficulty in presenting the present application. Those who follow in their footsteps in the future would be well advised to avoid engaging with an anonymous surrogate.”
“On the balance of probability, on the basis of the material that has now been filed and on the basis of the insightful reports of Ms Houldsworth, I am satisfied that Mr and Mrs H did enter into a surrogacy arrangement with the Lifelink Fertility Clinic run by Dr Kemi in Nigeria. I am satisfied that Mr H is A’s genetic father and that the surrogate mother was a woman known only as ‘O.S.’ in the agreement. I am satisfied that she is probably the person whose identity details were shown by Dr Kemi to Ms Houldsworth. I am further satisfied that the prospects of tracing her and securing her engagement with these proceedings are so remote as to hold that the reality is that she ‘cannot be found’. HFEA 2008 s 54(7) is therefore satisfied on that basis, with the consequence that the application can proceed without the need to obtain her agreement under s 54(6).”