Baby J was born as a result of a surrogacy arrangement entered into by a couple with a surrogate in India. However, they did not know at the time of undergoing the procedure or when baby J was born that the surrogate was married and had been abandoned by her husband some years before. He neither knew nor consented to the surrogacy. In accordance with English law, the surrogate mother and her husband are classed as the child's legal parents even if they are not biologically connected to the child. Accordingly, the Home Office refused baby J entry clearance leaving baby J stranded in India for 2 years. The commissioning parents applied to the High Court for a parental order giving them the same rights which by law parents have for children in England. The application was made out of time yet the Judge still found that an order could be made as well as that the surrogate's husband was not J's father. The judge invited the Home Office to reconsider the decision in light of her findings. This case illustrates how important it is for commissioning parents to seek expert legal advice at the very outset and consider the immigration implications of overseas surrogacy.