D (A Child), Re

D (A Child), Re

The evidence is insufficient and too contradictory to establish, on the balance of probabilities, that the surrogate mother was married at the relevant time; therefore, the legal parenthood status under English law is determined accordingly.

Parties
Mother: Applicant; Father: First Respondent; Local Authority: Local Authority; Child (through Guardian): Child (D)
Jurisdiction
England and Wales
Judgment Date
19 March 2014
Procedural Posture
Family / Judgment
Outcome
Orders made by agreement; shared residence order granted; child remains a ward of court.
Legal Topics
Parental Responsibility, Legal Parenthood, Surrogacy Arrangements, Children's Welfare
Family Law Child Law International Surrogacy Parental Responsibility Legal Parenthood Surrogacy Arrangements Children's Welfare

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Parties

Applicant

Mother

First Respondent

Father

Local Authority

Local Authority

Child (D)

Child (through Guardian)

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether the surrogate mother was married at the relevant time for the purposes of determining legal parenthood under English law
  2. 2 Whether the father is the legal father of the child under the Human Fertilisation and Embryology Act 2008

Ratio Decidendi

The evidence is insufficient and too contradictory to establish, on the balance of probabilities, that the surrogate mother was married at the relevant time; therefore, the legal parenthood status under English law is determined accordingly.

Court Disposition

Orders made by agreement; shared residence order granted; child remains a ward of court.

Orders

  • Shared residence order for both parents
  • Child to remain a ward of court