Could the welfare of the child demand an upper age limit of intended parents in surrogacy arrangements? Considerations from Re Z (Unlawful Foreign Surrogacy: Adoption) and Mr K & Anor v Mr Z & Anor

Recent cases, Re Z (Unlawful Foreign Surrogacy: Adoption) and Mr K & Anor v Mr Z & Anor , highlight the potential impact of intended parents’ age on judicial decisions regarding parenthood following surrogacy. Intended parents may establish legal parenthood through a parental order or an adoption order, neither of which imposes an upper age limit. When deciding whether to grant such orders, the courts are under a statutory obligation to have the child’s welfare as the paramount consideration. This commentary examines whether, in light of these cases, the child’s welfare could demand an upper age limit on intended parents. By analysing age-based restrictions in other parenting contexts and the Law Commissions’ recommendations on surrogacy law, it argues that a strict upper age limit would be inappropriate. However, greater recognition of age as a relevant welfare consideration is necessary in judicial decision-making.