A & Anor v P & Ors [2011] EWHC 1738 (Fam) (08 July 2011)

A & Anor v P & Ors [2011] EWHC 1738 (Fam) (08 July 2011)

Section 54 HFEA 2008 can be purposively interpreted to allow a parental order to be made in favour of both applicants where one has died after the application but before the order, as this interpretation is necessary to protect the child's welfare and identity rights under Article 8 ECHR and UNCRC, and no other order would have the same transformative legal effect.

Citation
[2011] EWHC 1738 (Fam)
Parties
1st Applicant: A; 2nd Applicant: A; 1st Respondent: P; 2nd Respondent: P; 3rd Respondent: B
Jurisdiction
England and Wales
Judgment Date
08 July 2011
Procedural Posture
Parental Order Application Under Section 54 Human Fertilisation and Embryology Act 2008 / Judgment After Full Hearing
Outcome
Parental order granted in favour of both Mr and Mrs A, despite Mr A's death after the application.
Legal Topics
Parental Orders, Surrogacy, Statutory Interpretation, Child Welfare, Human Rights (article 8 ECHR, Uncrc)
Family Law Human Rights Parental Orders Surrogacy Statutory Interpretation Child Welfare Human Rights (article 8 Echr, Uncrc)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

A

1st Applicant

A

2nd Applicant

P

1st Respondent

P

2nd Respondent

B

3rd Respondent

Procedural Posture

Parental Order Application Under Section 54 Human Fertilisation and Embryology Act 2008 / Judgment After Full Hearing

Legal Issues

  1. 1 Whether a parental order can be made when one of the joint applicants dies after the application but before the order is made
  2. 2 Whether payments to the surrogate mother exceeding reasonable expenses can be retrospectively authorised
  3. 3 Whether the statutory requirements of section 54 HFEA 2008 are met in these circumstances

Ratio Decidendi

Section 54 HFEA 2008 can be purposively interpreted to allow a parental order to be made in favour of both applicants where one has died after the application but before the order, as this interpretation is necessary to protect the child's welfare and identity rights under Article 8 ECHR and UNCRC, and no other order would have the same transformative legal effect.

Court Disposition

Parental order granted in favour of both Mr and Mrs A, despite Mr A's death after the application.

Orders

  • Parental order made recognising both Mr and Mrs A as legal parents of B.
  • Payments to the surrogate mother authorised under section 54(8) HFEA 2008.