J (A Child) (Surrogacy: Adoption Order) [2025] EWHC 2960 (Fam) (27 October 2025)

J (A Child) (Surrogacy: Adoption Order) [2025] EWHC 2960 (Fam) (27 October 2025)

The court found that J's welfare required an adoption order in favour of Mr and Mrs P, as they are the only parents J has known and all statutory requirements are met. The court found that Mr P is not J's biological father, that the surrogate (Ms T) had unprotected sexual intercourse with a third party at the relevant time, and that the applicants and paternal grandmother were not fully candid regarding the DNA evidence but did not act with intent to mislead the court for improper purposes. The court dispensed with notification to the biological father and paternal relatives due to lack of information and the surrogate's refusal to provide details. The surrogacy agreement and subsequent...

Citation
[2025] EWHC 2960 (Fam)
Parties
Applicants: Mr and Mrs P; First Respondent (surrogate): Ms T; Second Respondent (child, by Guardian): J (A child); Third Respondent: Local Authority; Intervenor: Paternal Grandmother
Jurisdiction
England and Wales
Judgment Date
27 October 2025
Procedural Posture
Adoption (following Failed Surrogacy/parental Order) / Final Judgment After Fact Finding and Welfare Hearing
Outcome
Adoption order granted in favour of Mr and Mrs P; declaration of non-parentage for Mr P; dispensation with notification to biological father and paternal relatives; local authority released from notification duties.
Legal Topics
Adoption Order, Surrogacy Agreement, Parental Order, DNA Evidence, Non Parentage Declaration, Notification of Biological Relatives, Consent to Adoption
Family Law Adoption Law Surrogacy Law Adoption Order Surrogacy Agreement Parental Order DNA Evidence Non Parentage Declaration +2 more

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Parties

Mr and Mrs P

Applicants

Ms T

First Respondent (surrogate)

J (A child)

Second Respondent (child, by Guardian)

Local Authority

Third Respondent

Paternal Grandmother

Intervenor

Procedural Posture

Adoption (following Failed Surrogacy/parental Order) / Final Judgment After Fact Finding and Welfare Hearing

Legal Issues

  1. 1 Whether an adoption order should be made in favour of the applicants for child J
  2. 2 Whether the requirements for notification of the biological father and paternal relatives should be dispensed with
  3. 3 Whether there was any attempt to mislead the court regarding paternity

Ratio Decidendi

The court found that J's welfare required an adoption order in favour of Mr and Mrs P, as they are the only parents J has known and all statutory requirements are met. The court found that Mr P is not J's biological father, that the surrogate (Ms T) had unprotected sexual intercourse with a third party at the relevant time, and that the applicants and paternal grandmother were not fully candid regarding the DNA evidence but did not act with intent to mislead the court for improper purposes. The court dispensed with notification to the biological father and paternal relatives due to lack of information and the surrogate's refusal to provide details. The surrogacy agreement and subsequent...

Court Disposition

Adoption order granted in favour of Mr and Mrs P; declaration of non-parentage for Mr P; dispensation with notification to biological father and paternal relatives; local authority released from notification duties.

Orders

  • Adoption order made for J in favour of Mr and Mrs P
  • Declaration that Mr P is not J's biological father