Elderly Couple Becomes Legal Parents of Surrogate Baby After Losing Son to Cancer

Most people in their seventies are planning cruises or doting on grandchildren. But one British couple just became legal parents to a 14-month-old boy born via surrogate—after losing their only child to cancer.

Known only as Mr. and Mrs. K in court documents, the pair used the husband’s sperm and a donor egg to conceive the child through a surrogacy agency in California. The baby, “B,” was born in January 2023. As reported by The Times, the couple stayed in the U.S. for several weeks before returning to the UK, where they formally applied for a parental order.

The court granted it in March 2024, ending a months-long legal process. At 72, both parents are now among the oldest to receive such an order in the UK.

The couple had one son, “A,” born through IVF in 1993, who died of cancer shortly before turning 27. The judgment noted that while grief played a role in their decision, Mr. and Mrs. K were “adamant” that this wasn’t about replacing him.

Still, the decision raised ethical and practical concerns. “It is an undeniable fact that, when B goes to school at the age of five, they will likely both be 76 years old,” wrote Mrs Justice Gwynneth Knowles. “Put starkly, Mr and Mrs K will both be 89 years old when B reaches his majority.”

Elderly Couple, 72, Welcome Baby by Surrogate After Adult Son Died of Cancer

She didn’t pass moral judgment on their choice but acknowledged the very real risks. “No matter how fit a person of Mr. and Mrs. K’s age may be now, health and life itself are undoubtedly at the mercy of an aging process which becomes more cruel and capricious as the years go by,” Knowles wrote.

To address those risks, the couple created a safety net. They named younger family friends—and, if needed, a niece—as future guardians. They also employ a full-time nanny and have set up legal and financial protections.

Despite criticism from anti-surrogacy groups, the judge emphasized the need for “permanence and security” for the child. “The absence of a parental order would deny B the social and emotional benefits of the formal and informal recognition of his relationship and family life with Mr and Mrs K,” she ruled.

The judgment marks the third time in under a year that British parents in their seventies have received legal rights over a child born via surrogacy abroad.

At the heart of it is a boy who, according to the judge, is “much loved and cherished.” And two elderly parents determined to give him a stable, loving home—however long they have left to give it.