X & Anor v B & Anor [2022] EWFC 129 (28 October 2022)

X & Anor v B & Anor [2022] EWFC 129 (28 October 2022)

The applicants meet all the statutory criteria under s54 HFEA 2008 for a parental order, including living as partners in an enduring family relationship, despite not cohabiting or being in an exclusive relationship. The delay in application is excusable and causes no prejudice. The child's home is with the applicants, and his welfare will be best served by making a parental order.

Citation
[2022] EWFC 129
Parties
1st Applicant: X; 2nd Applicant: Y; 1st Respondent: B; 2nd Respondent: G (Through His Children's Guardian Mark Verity)
Jurisdiction
England and Wales
Judgment Date
28 October 2022
Procedural Posture
Parental Order Application (family Law) / Final Hearing and Judgment
Outcome
Parental order granted.
Legal Topics
Parental Orders, Surrogacy Arrangements, Domicile, Welfare of the Child, Interpretation of S54 HFEA 2008
Family Law Surrogacy Law Parental Orders Surrogacy Arrangements Domicile Welfare of the Child Interpretation of S54 HFEA 2008

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Parties

X

1st Applicant

Y

2nd Applicant

B

1st Respondent

G (Through His Children's Guardian Mark Verity)

2nd Respondent

Procedural Posture

Parental Order Application (family Law) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the applicants meet the criteria under s54 Human Fertilisation and Embryology Act 2008 for a parental order
  2. 2 Whether the applicants are living as partners in an enduring family relationship
  3. 3 Whether the application can proceed despite being made more than six months after the child's birth

Ratio Decidendi

The applicants meet all the statutory criteria under s54 HFEA 2008 for a parental order, including living as partners in an enduring family relationship, despite not cohabiting or being in an exclusive relationship. The delay in application is excusable and causes no prejudice. The child's home is with the applicants, and his welfare will be best served by making a parental order.

Court Disposition

Parental order granted.

Orders

  • A parental order is made in favour of Mr X and Mr Y in respect of G.
  • Payments made to the surrogate are authorised as not disproportionate to expenses.