Reported Case: Andrew Powell Appears in Mr K & Anor v Mr Z & Anor [2025] EWHC 927 (Fam)

Andrew Powell, instructed by Connie Atkinson and Cate Maguire of Kingsley Napley, appeared in the recently reported decision of Mr K & Anor v Mr Z & Anor [2025] EWHC 927 (Fam), representing the applicant intended parents.

The case concerned an application for a parental order following a surrogacy arrangement in California. The applicant intended parents were both 72 years of age by the time of the final hearing. The court made a parental order in favour of the applicants. The issues in this case and others have garnered national attention, including an article in The Times.

In the judgment, Mrs Justice Gwynneth Knowles noted:

“This judgment is being reported because it raises an important welfare issue and offers some advice for those who may, in future, engage in a foreign or other surrogacy arrangement.”

The recent judgments of Theis J in Re Z (Foreign Surrogacy) [2024] EWFC 304 and The President of the Family Division in Re Z (Unlawful Foreign Surrogacy: Adoption) [2025] EWHC 339 contained a list of key issues to act as a guide for intended parents. This judgment adds further guidance to that list in relation to estate planning and arrangements for the future care of a child in the event of the death or incapacity of an intended parent.

Click here to read the judgment.