N (Adoption – Surrogacy), Re

N (Adoption – Surrogacy), Re

N's lifelong welfare needs require an adoption order to be made, and Mr and Mrs P's consent should be dispensed with, given the disconnect between N's factual and legal position, his clear and mature wishes, and the limited involvement of Mr and Mrs P in his life. The interference with Mr and Mrs P's Article 8 rights is proportionate and justified.

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
03 July 2024
Procedural Posture
Adoption Application (surrogacy Context) / Final Judgment
Outcome
Adoption order granted; consent of Mr and Mrs P dispensed with.
Legal Topics
Adoption Order, Dispensation of Parental Consent, Surrogacy, Article 8 ECHR, Parental Responsibility, Legal Parentage
Family Law Adoption Law Human Rights Adoption Order Dispensation of Parental Consent Surrogacy Article 8 ECHR Parental Responsibility +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 (surrogacy Context) / 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) ACA 2002
  2. 2 Whether an adoption order should be made in the context of disputed surrogacy
  3. 3 Impact of adoption order on Article 8 rights

Ratio Decidendi

N's lifelong welfare needs require an adoption order to be made, and Mr and Mrs P's consent should be dispensed with, given the disconnect between N's factual and legal position, his clear and mature wishes, and the limited involvement of Mr and Mrs P in his life. The interference with Mr and Mrs P's Article 8 rights is proportionate and justified.

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 for N.
  • Mr and Mrs P's consent to adoption is dispensed with under s52(1)(b) ACA 2002.