X v Z (Parental Order Adult) [2022] EWFC 26 (05 April 2022)

X v Z (Parental Order Adult) [2022] EWFC 26 (05 April 2022)

A parental order can be made in respect of an adult where the statutory criteria are otherwise met, as there is no express statutory bar in HFEA 2008, and a purposive interpretation is required to protect Article 8 and 14 ECHR rights. The time limit and 'home with' requirements can be interpreted flexibly to reflect the reality of the family relationship and avoid unjust outcomes.

Citation
[2022] EWFC 26
Parties
1st Applicant: Mrs X; 2nd Applicant: Mr X; 1st Respondent: Mrs Z; 2nd Respondent: Mr Z; 3rd Respondent: Y
Jurisdiction
England and Wales
Judgment Date
05 April 2022
Procedural Posture
Parental Order Application (surrogacy) / Final Judgment
Outcome
Parental order granted in favour of Mr and Mrs X in respect of Y.
Legal Topics
Parental Orders, Surrogacy, Legal Parenthood, Article 8 ECHR, Article 14 ECHR, Time Limits for Parental Orders, Adult Child Applications
Family Law Human Rights Parental Orders Surrogacy Legal Parenthood Article 8 ECHR Article 14 ECHR Time Limits for Parental Orders +1 more

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Parties

Mrs X

1st Applicant

Mr X

2nd Applicant

Mrs Z

1st Respondent

Mr Z

2nd Respondent

Y

3rd Respondent

Procedural Posture

Parental Order Application (surrogacy) / Final Judgment

Legal Issues

  1. 1 Whether a parental order can be made in respect of an adult under the Human Fertilisation and Embryology Act 2008
  2. 2 Whether the statutory time limit for making a parental order can be extended or read down
  3. 3 Whether the requirement for the child to have their home with the applicants is satisfied

Ratio Decidendi

A parental order can be made in respect of an adult where the statutory criteria are otherwise met, as there is no express statutory bar in HFEA 2008, and a purposive interpretation is required to protect Article 8 and 14 ECHR rights. The time limit and 'home with' requirements can be interpreted flexibly to reflect the reality of the family relationship and avoid unjust outcomes.

Court Disposition

Parental order granted in favour of Mr and Mrs X in respect of Y.

Orders

  • A parental order is made in relation to Y in favour of Mr and Mrs X.
  • Any payments made other than for expenses reasonably incurred (about $12,000) are authorised by the court.