J (A child) (Surrogacy: Adoption Order), Re

J (A child) (Surrogacy: Adoption Order), Re

The court found that, despite the applicants' and paternal grandmother's deceit regarding DNA evidence and attempts to mislead the court, it was in J's lifelong best interests for an adoption order to be made in favour of Mr and Mrs P. The lies and procedural delays caused harm to J but did not outweigh the stability, permanency, and psychological parent-child relationship established. The non-notification direction regarding J's paternal family was upheld as there was no information to identify or notify them. Ms T's consent to adoption was freely and consistently given. The court emphasized that the ends did not justify the means and that such conduct should not be condoned or presumed...

Parties
Applicants: Mr and Mrs P; First Respondent / Surrogate: Ms T; Second Respondent / Subject Child: J (a child); Third Respondent: Local Authority; Intervenor: Paternal Grandmother
Jurisdiction
England and Wales
Judgment Date
11 December 2025
Procedural Posture
Adoption (following Failed Surrogacy and Parental Order) / Final Judgment After Fact Finding Hearing
Outcome
Adoption order granted in favour of Mr and Mrs P for J; non-notification direction regarding paternal family confirmed; declaration of non-parentage for Mr P; Ms T's consent to adoption accepted.
Legal Topics
Adoption Order, Surrogacy Agreement, DNA Evidence, Parental Order, Non Notification Direction, Consent to Adoption, Deceit and Misrepresentation in Family Proceedings
Family Law Adoption Law Surrogacy Law Adoption Order Surrogacy Agreement DNA Evidence Parental Order Non Notification Direction +2 more

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Parties

Mr and Mrs P

Applicants

Ms T

First Respondent / Surrogate

J (a child)

Second Respondent / Subject Child

Local Authority

Third Respondent

Paternal Grandmother

Intervenor

Procedural Posture

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

Legal Issues

  1. 1 Whether an adoption order should be made in favour of the applicants for J
  2. 2 Whether the non-notification direction regarding J's paternal family should stand
  3. 3 Whether the actions of the applicants and others constituted an attempt to mislead the court

Ratio Decidendi

The court found that, despite the applicants' and paternal grandmother's deceit regarding DNA evidence and attempts to mislead the court, it was in J's lifelong best interests for an adoption order to be made in favour of Mr and Mrs P. The lies and procedural delays caused harm to J but did not outweigh the stability, permanency, and psychological parent-child relationship established. The non-notification direction regarding J's paternal family was upheld as there was no information to identify or notify them. Ms T's consent to adoption was freely and consistently given. The court emphasized that the ends did not justify the means and that such conduct should not be condoned or presumed...

Court Disposition

Adoption order granted in favour of Mr and Mrs P for J; non-notification direction regarding paternal family confirmed; declaration of non-parentage for Mr P; Ms T's consent to adoption accepted.

Orders

  • Adoption order made for J in favour of Mr and Mrs P
  • Non-notification direction regarding J's paternal family stands