X (A Child : foreign surrogacy) [2018] EWFC 15 (13 March 2018)

X (A Child : foreign surrogacy) [2018] EWFC 15 (13 March 2018)

A platonic marriage satisfies the statutory requirement of 'husband and wife' under section 54(2)(a) of the Human Fertilisation and Embryology Act 2008, and the child's home is 'with' the applicants even if the child divides time between their separate homes.

Citation
[2018] EWFC 15
Parties
Applicants: Parents of X (A Child)
Jurisdiction
England and Wales
Judgment Date
13 March 2018
Procedural Posture
Application for Parental Order (family Law) / Final Judgment
Outcome
Parental order granted
Legal Topics
Parental Orders, Surrogacy, Marriage Validity, Child Welfare
Family Law Parental Orders Surrogacy Marriage Validity Child Welfare

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Parties

Parents of X (A Child)

Applicants

Procedural Posture

Application for Parental Order (family Law) / Final Judgment

Legal Issues

  1. 1 Whether the applicants satisfy the requirements of section 54 of the Human Fertilisation and Embryology Act 2008 for a parental order
  2. 2 Whether a platonic marriage satisfies the statutory requirement of 'husband and wife'
  3. 3 Whether the child's home is 'with' the applicants when the child divides time between two homes

Ratio Decidendi

A platonic marriage satisfies the statutory requirement of 'husband and wife' under section 54(2)(a) of the Human Fertilisation and Embryology Act 2008, and the child's home is 'with' the applicants even if the child divides time between their separate homes.

Court Disposition

Parental order granted

Orders

  • Parental order made in favour of the applicants