Y v Z & Ors [2017] EWFC 60 (04 August 2017)

Y v Z & Ors [2017] EWFC 60 (04 August 2017)

Z failed to establish, on the balance of probabilities, that he was domiciled in England and Wales at the time of the parental order application in February 2015. The evidence showed ongoing strong ties to his domicile of origin (Country B), lack of settled intention to reside permanently or indefinitely in the UK, and equivocal plans regarding residence. Therefore, the statutory requirement of s54(4)(b) HFEA 2008 was not met and the application could not proceed.

Citation
[2017] EWFC 60
Parties
1st Applicant: Y; 2nd Applicant: Z; 1st Respondent: W; 2nd Respondent: X (a minor by Her Children's Guardian Ms Jacqueline Roddy)
Jurisdiction
England and Wales
Judgment Date
04 August 2017
Procedural Posture
Parental Order Application (international Surrogacy) / Final Judgment
Outcome
Application dismissed for lack of jurisdiction (domicile not established)
Legal Topics
Parental Orders, Surrogacy, Domicile, Jurisdiction, Parental Responsibility
Family Law Private International Law Parental Orders Surrogacy Domicile Jurisdiction Parental Responsibility

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Parties

Y

1st Applicant

Z

2nd Applicant

W

1st Respondent

X (a minor by Her Children's Guardian Ms Jacqueline Roddy)

2nd Respondent

Procedural Posture

Parental Order Application (international Surrogacy) / Final Judgment

Legal Issues

  1. 1 Whether Z was domiciled in England and Wales at the relevant time for the purposes of s54(4)(b) HFEA 2008
  2. 2 Whether the child's home was with the applicants at the relevant times under s54(4)(a) HFEA 2008
  3. 3 Whether the court can make a parental order where one applicant seeks to withdraw and the other pursues the application

Ratio Decidendi

Z failed to establish, on the balance of probabilities, that he was domiciled in England and Wales at the time of the parental order application in February 2015. The evidence showed ongoing strong ties to his domicile of origin (Country B), lack of settled intention to reside permanently or indefinitely in the UK, and equivocal plans regarding residence. Therefore, the statutory requirement of s54(4)(b) HFEA 2008 was not met and the application could not proceed.

Court Disposition

Application dismissed for lack of jurisdiction (domicile not established)

Orders

  • Parental order application dismissed
  • No determination on 'home with' requirement as domicile not established