A Turkish couple who illegally adopted a surrogate child from its English mother have cost the British taxpayer £35,000, a judge has revealed.

Since the couple first tried to obtain a parental order in September for "baby M", the case has been to the High Court seven times.

Mr Justice McFarlane, a judge in the High Court Family Division, has now laid down a strict code to end "the needless stress and public expense" that surround cases where foreign couples come to Britain to arrange for a surrogate baby.

He also criticised the "well-meaning amateurs" of Childlessness Overcome Through Surrogacy (Cots), the agency which arranged the surrogate birth.

The judge said the Turkish couple - referred to as "Mr and Mrs G" - were married in 1997 and came to Britain after approaching Cots.

The child was conceived by using sperm from Mr G and an egg from "Mrs J", the surrogate mother.

This was done through a process of insemination carried out at the home of Mrs J, who is separated from her husband.

The judge said that such non-commercial surrogacy arrangements are perfectly legal. However, the Human Fertilisation and Embryology Act only allows couples living in the British Isles to be granted parental orders - similar to adoption orders.

Mr Justice McFarlane said: "What renders the case of young M remarkable ... is that Mr and Mrs G ... are domiciled in Turkey. As a result, it is not legally possible for them to achieve the status of M's parents by means of a parental order.

"The total cost of the social work and legal input in unravelling the consequences of the arrangement that led to M's birth is just short of £35,000. That sum falls to be paid entirely by he British taxpayer."

While all the other hearings had been in private, the judge ordered that yesterday's ruling be made public, saying the case was a "cautionary tale" which highlighted the legal, emotional "and not least the financial consequences" of such surrogacy arrangements.

"The traffic in young babies for adoption between one country and another is rightly now the subject of very strict control and is only authorised after proper and detailed scrutiny by the social services and other authorities."

The judge said it was a "matter of grave concern" that Cots did not know that it was unlawful for a British child to be taken abroad to be adopted unless a British court had authorised it.

"Given the importance of the issues involved when the life of a child is created in this manner, it is questionable whether the role of facilitating surrogacy arrangements should be left to groups of well-meaning amateurs."

The judge said the case's one "enormously positive feature" was that M was now well settled with Mr and Mrs G who were "fine parents".

He finished by giving them parental responsibility for M, which will allow them to apply for adoption in Turkey.

Cots in action

Cots, which was set up in 1988, insists it is not like American surrogacy agencies which make money from setting potential parents up with surrogates.

Instead, its funding comes from donations from its 750 members and initial sign-up fees of £200.

Surrogates who want to be members must already have at least one child and a signed letter from their doctor saying they are in good health.

All prospective parents must live within the UK and have exhausted all other medical procedures to try and have a child of their own.

Cots will not help any parents who are not prepared to inform close family members and the child of its origin.