Z, Re (Surrogacy: Step-parent Adoption) [2024] EWFC 20 (30 January 2024)

Z, Re (Surrogacy: Step-parent Adoption) [2024] EWFC 20 (30 January 2024)

The court found that Z's welfare required the discharge of the August 2021 child arrangements order, the making of a step-parent adoption order in favour of X, and the establishment of direct and indirect contact between Z and G in the presence of X and Y, with G's consent to adoption dispensed with due to her opposition and the need for Z's lifelong stability and identity.

Citation
[2024] EWFC 20
Parties
1st Applicant: X; 2nd Applicant: Y; 1st Respondent: G; 2nd Respondent: A Local Authority; 3rd Respondent: Z (by his Children's Guardian Ms Pulbere)
Jurisdiction
England and Wales
Judgment Date
30 January 2024
Procedural Posture
Family Law Child Arrangements and Adoption / Final Judgment Following Contested Hearing
Outcome
Step-parent adoption order granted in favour of X; August 2021 child arrangements order discharged; contact order made for direct contact twice per year in presence of X and Y and indirect contact twice per year; G's consent to adoption dispensed with; s91(14) order made restricting further applications for five years.
Legal Topics
Step Parent Adoption, Variation/discharge of Child Arrangements Order, Surrogacy Consent, Contact Arrangements, Parental Responsibility, Section 91(14) Children Act 1989
Family Law Adoption Law Child Arrangements Surrogacy Step Parent Adoption Variation/discharge of Child Arrangements Order Surrogacy Consent Contact Arrangements +2 more

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Parties

X

1st Applicant

Y

2nd Applicant

G

1st Respondent

A Local Authority

2nd Respondent

Z (by his Children's Guardian Ms Pulbere)

3rd Respondent

Procedural Posture

Family Law Child Arrangements and Adoption / Final Judgment Following Contested Hearing

Legal Issues

  1. 1 Whether the August 2021 child arrangements order should be varied or discharged
  2. 2 Whether a step-parent adoption order should be made in favour of X
  3. 3 What contact arrangements are in Z's best interests

Ratio Decidendi

The court found that Z's welfare required the discharge of the August 2021 child arrangements order, the making of a step-parent adoption order in favour of X, and the establishment of direct and indirect contact between Z and G in the presence of X and Y, with G's consent to adoption dispensed with due to her opposition and the need for Z's lifelong stability and identity.

Court Disposition

Step-parent adoption order granted in favour of X; August 2021 child arrangements order discharged; contact order made for direct contact twice per year in presence of X and Y and indirect contact twice per year; G's consent to adoption dispensed with; s91(14) order made restricting further applications for five years.

Orders

  • Step-parent adoption order in favour of X
  • Discharge of August 2021 child arrangements order