K (Minors) (Foreign Surrogacy)

K (Minors) (Foreign Surrogacy)

The court declined to indicate the likelihood of a Section 30 Parental Order being granted, as it lacked jurisdiction with the children not habitually resident in England, welfare assessment was incomplete, and the court must not usurp executive functions or give advisory opinions.

Parties
Applicants: Applicants; Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
28 May 2010
Procedural Posture
Family / Interlocutory Directions; General Adjournment With Liberty to Restore
Outcome
General adjournment with liberty to restore; no order as to the probable outcome of a Section 30 application.
Legal Topics
Foreign Surrogacy, Parental Orders, Entry Clearance, Jurisdiction, Welfare of Children
Family Law Immigration Law Foreign Surrogacy Parental Orders Entry Clearance Jurisdiction Welfare of Children

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Applicants

Applicants

Guardian

Guardian

Procedural Posture

Family / Interlocutory Directions; General Adjournment With Liberty to Restore

Legal Issues

  1. 1 Whether the court has jurisdiction to make a Section 30 Parental Order when the children are not habitually resident in England
  2. 2 Whether the court should indicate the likelihood of a Section 30 Parental Order being granted for the purposes of entry clearance
  3. 3 Whether commercial surrogacy arrangements abroad can be recognised under English law

Ratio Decidendi

The court declined to indicate the likelihood of a Section 30 Parental Order being granted, as it lacked jurisdiction with the children not habitually resident in England, welfare assessment was incomplete, and the court must not usurp executive functions or give advisory opinions.

Court Disposition

General adjournment with liberty to restore; no order as to the probable outcome of a Section 30 application.

Orders

  • Case adjourned generally with liberty to restore
  • No indication given as to likelihood of Section 30 Parental Order being granted