Y v Z & Ors

Y v Z & Ors

Z has not established, on the balance of probabilities, that he was domiciled in England and Wales at the relevant time for the parental order application. The evidence demonstrates ongoing strong ties to Country B, periods of residence abroad, and lack of intention to reside permanently or indefinitely in England. Therefore, the jurisdictional requirement under s 54(4)(b) HFEA 2008 is not met and the parental order application cannot proceed.

Parties
1st Applicant: Y; 2nd Applicant: Z; 1st Respondent: W; 2nd Respondent: X
Jurisdiction
England and Wales
Judgment Date
04 August 2017
Procedural Posture
Parental Order Application / Judgment
Outcome
Application for parental order dismissed for lack of jurisdiction.
Legal Topics
International Surrogacy, Parental Orders, Domicile, Parental Responsibility
Family Law International Surrogacy Parental Orders Domicile Parental Responsibility

Case Brief

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Parties

Y

1st Applicant

Z

2nd Applicant

W

1st Respondent

X

2nd Respondent

Procedural Posture

Parental Order Application / Judgment

Legal Issues

  1. 1 Whether Z was domiciled in England and Wales at the relevant time for parental order application under s 54(4)(b) HFEA 2008
  2. 2 Whether the child’s home was with the applicants at the relevant times under s 54(4)(a) HFEA 2008
  3. 3 Whether the court can make a parental order against the express wishes of one applicant

Ratio Decidendi

Z has not established, on the balance of probabilities, that he was domiciled in England and Wales at the relevant time for the parental order application. The evidence demonstrates ongoing strong ties to Country B, periods of residence abroad, and lack of intention to reside permanently or indefinitely in England. Therefore, the jurisdictional requirement under s 54(4)(b) HFEA 2008 is not met and the parental order application cannot proceed.

Court Disposition

Application for parental order dismissed for lack of jurisdiction.

Orders

  • Parental order application cannot proceed as Z has not established domicile in England and Wales.
  • No determination on 'home with' requirement under s 54(4)(a) HFEA 2008.