D (A Child), Re [2014] EWHC 2121 (Fam) (19 March 2014)
The evidence does not establish, on the balance of probabilities, that the surrogate mother was married at the relevant time; therefore, the father is not excluded from being the legal father under English law.
Source-derived case information.
- Citation
- [2014] EWHC 2121 (Fam)
- Parties
- Mother: Applicant; Father: First Respondent; Local Authority: Local Authority; Child's Guardian: Guardian
- Jurisdiction
- England and Wales
- Judgment Date
- 19 March 2014
- Procedural Posture
- Family Law Surrogacy / Final Judgment
- Outcome
- Orders agreed by the parties are made; D remains a ward of court; shared residence order granted.
- Legal Topics
- Legal Parenthood, Surrogacy Arrangements, Children Act 1989, Human Fertilisation and Embryology Act 2008
Source-derived case record
Summary, issues, holding and outcome
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Parties
Applicant
Mother
First Respondent
Father
Local Authority
Local Authority
Guardian
Child's Guardian
Procedural Posture
Family Law Surrogacy / Final Judgment
Legal Issues
- 1 Whether the surrogate mother was married at the relevant time for purposes of determining legal fatherhood under English law
- 2 Legal parental status of parties to a surrogacy arrangement
Ratio Decidendi
The evidence does not establish, on the balance of probabilities, that the surrogate mother was married at the relevant time; therefore, the father is not excluded from being the legal father under English law.
Court Disposition
Orders agreed by the parties are made; D remains a ward of court; shared residence order granted.
Orders
- D to remain a ward of court
- Shared residence order for both parents
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