A & Anor v C & Anor [2016] EWFC 42 (11 July 2016)

A & Anor v C & Anor [2016] EWFC 42 (11 July 2016)

The court granted parental orders despite the delay because all statutory criteria were met, the delay was not wilful, the welfare of the children required the orders, and there was no prejudice to any party.

Citation
[2016] EWFC 42
Parties
1st Applicant: A; 2nd Applicant: B; 1st Respondent: C; 2nd Respondent: D
Jurisdiction
England and Wales
Judgment Date
11 July 2016
Procedural Posture
Parental Order Application (family Court) / Final Judgment
Outcome
Parental orders granted for all three children.
Legal Topics
Parental Orders, Surrogacy, Delay in Application, Welfare of the Child
Family Law Parental Orders Surrogacy Delay in Application Welfare of the Child

Case Brief

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Parties

A

1st Applicant

B

2nd Applicant

C

1st Respondent

D

2nd Respondent

Procedural Posture

Parental Order Application (family Court) / Final Judgment

Legal Issues

  1. 1 Whether the court should grant parental orders despite the application being made outside the six-month time limit under s 54(3) HFEA 2008
  2. 2 Whether the statutory criteria for parental orders under s 54 HFEA 2008 are met
  3. 3 Whether the welfare of the children requires the making of parental orders

Ratio Decidendi

The court granted parental orders despite the delay because all statutory criteria were met, the delay was not wilful, the welfare of the children required the orders, and there was no prejudice to any party.

Court Disposition

Parental orders granted for all three children.

Orders

  • Parental orders made in favour of the applicants for each child.
  • Residual parental status and responsibility of the respondents extinguished in this jurisdiction.