X & Anor. v B & Anor.

The applicants satisfy all statutory criteria under s54 HFEA 2008, including living as partners in an enduring family relationship, domicile, and child’s home requirements. The application is permitted despite being made after six months, as prompt action was taken and no prejudice arises. Making a parental order secures G’s lifelong welfare needs and legal parental relationships.

Parties: 1st Applicant: X; 2nd Applicant: Y; 1st Respondent: B; 2nd Respondent: G
Jurisdiction: England and Wales
Judgment Date: 28 October 2022
Procedural Posture: Parental Order Application / Judgment
Outcome: Parental order granted.
Legal Topics: Parental Orders, Surrogacy, Child Welfare, Domicile

Family Law Parental Orders Surrogacy Child Welfare Domicile

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 1

Parties

1st Applicant

2nd Applicant

1st Respondent

2nd Respondent

Procedural Posture

Parental Order Application / Judgment

Legal Issues

1 Whether the applicants meet the criteria under s54 Human Fertilisation and Embryology Act 2008 for a parental order
2 Whether the applicants are living as partners in an enduring family relationship
3 Whether the application can proceed despite being made more than six months after the birth

Ratio Decidendi

Court Disposition

Parental order granted.

Orders

Parental order made in favour of Mr X and Mr Y securing their legal parental relationship with G.
Ms B’s consent to the parental order is recognised.