A UK High Court has cautioned against anonymous surrogacy arrangements after a Nigerian couple, Mr. and Mrs. Houldsworth, faced legal hurdles in securing parental rights for their child due to the lack of identifiable records on the surrogate mother.
In a ruling delivered last month, the President of the Family Division of the High Court of Justice, Andrew McFarlane, emphasized that such arrangements prevent the court from verifying the surrogate’s informed consent, which is a legal requirement under the UK Human Fertilisation and Embryology Act 2008.
The couple, who reside in the UK, had opted for surrogacy in 2022 through Lifelink Fertility Clinic in Nigeria after unsuccessful medical attempts to conceive. To avoid potential disputes with the surrogate mother, they chose an anonymous arrangement, which is permitted under Nigerian law. However, this decision later complicated their legal efforts to gain parental recognition in the UK.
After the birth of their child in 2023, the Houldsworths filed for a parental order, but the absence of the surrogate’s identity delayed the process for nearly two years. The court, after reviewing extensive evidence—including financial records and communications—eventually granted the order but warned that the case should serve as a lesson for others considering similar arrangements.
McFarlane noted that while anonymity in surrogacy might seem convenient, it can lead to legal obstacles that complicate parental rights. He also pointed out that the UK has imposed restrictions on adoptions from Nigeria due to concerns over documentation reliability and potential corruption, further emphasizing the risks associated with international surrogacy agreements.
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