N, Re (Adoption - Surrogacy) [2024] EWFC 41 (29 February 2024)

N, Re (Adoption - Surrogacy) [2024] EWFC 41 (29 February 2024)

N's lifelong welfare needs require an adoption order to be made in favour of Mr and Mrs J, and the consent of Mr and Mrs P should be dispensed with under s52(1)(b) ACA 2002. The disconnect between N's factual and legal family position must be resolved to secure his identity, stability, and legal relationships, and the interference with Mr and Mrs P's Article 8 rights is proportionate given their limited involvement and N's clear wishes.

Citation
[2024] EWFC 41
Parties
Applicants: Mr and Mrs J; 1st and 2nd Respondent: Mr and Mrs P; 3rd Respondent: N; 4th Respondent: Local Authority
Jurisdiction
England and Wales
Judgment Date
29 February 2024
Procedural Posture
Adoption Application (non Agency, Contested) / Final Judgment
Outcome
Adoption order granted; consent of Mr and Mrs P dispensed with.
Legal Topics
Adoption Order, Dispensing With Parental Consent, Surrogacy Arrangements, Parental Responsibility, Article 8 ECHR, Welfare of the Child
Family Law Adoption Law Surrogacy Adoption Order Dispensing With Parental Consent Surrogacy Arrangements Parental Responsibility Article 8 ECHR +1 more

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Parties

Mr and Mrs J

Applicants

Mr and Mrs P

1st and 2nd Respondent

N

3rd Respondent

Local Authority

4th Respondent

Procedural Posture

Adoption Application (non Agency, Contested) / Final Judgment

Legal Issues

  1. 1 Whether N's welfare requires dispensing with Mr and Mrs P's consent to adoption under s52(1)(b) Adoption and Children Act 2002
  2. 2 Whether an adoption order should be made in favour of Mr and Mrs J in the context of a disputed surrogacy arrangement

Ratio Decidendi

N's lifelong welfare needs require an adoption order to be made in favour of Mr and Mrs J, and the consent of Mr and Mrs P should be dispensed with under s52(1)(b) ACA 2002. The disconnect between N's factual and legal family position must be resolved to secure his identity, stability, and legal relationships, and the interference with Mr and Mrs P's Article 8 rights is proportionate given their limited involvement and N's clear wishes.

Court Disposition

Adoption order granted; consent of Mr and Mrs P dispensed with.

Orders

  • An adoption order is made in favour of Mr and Mrs J in respect of N.
  • The consent of Mr and Mrs P to the adoption is dispensed with under s52(1)(b) ACA 2002.