Z (Surrogacy: Step-parent Adoption), Re

Z (Surrogacy: Step-parent Adoption), Re

The court refused to make a step-parent adoption order because Z's welfare did not require dispensing with G's consent. The court found that Z's lifelong welfare and identity needs are better served by a child arrangements order confirming Z lives with X (who will acquire parental responsibility), a defined contact order for direct and indirect contact with G, and a restricted parental responsibility order for G. The court determined that an adoption order would risk undermining Z's relationship with G and is not necessary or proportionate in these circumstances. The court also made a s91(14) order to prevent further litigation for three years.

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
11 October 2024
Procedural Posture
Family (surrogacy/adoption/child Arrangements) / Final Judgment After Contested Hearing
Outcome
Step-parent adoption order refused; child arrangements order and contact order granted; s91(14) order made.
Legal Topics
Step Parent Adoption, Variation/discharge of Child Arrangements Order, Parental Responsibility, Contact Orders, Surrogacy Agreements, Best Interests of the Child, Dispensing With Parental Consent, Article 8 ECHR
Family Law Adoption Law Surrogacy Law Step Parent Adoption Variation/discharge of Child Arrangements Order Parental Responsibility Contact Orders Surrogacy Agreements +3 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 (surrogacy/adoption/child Arrangements) / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether to vary or discharge the August 2021 child arrangements order regarding contact between Z and G
  2. 2 Whether to grant a step-parent adoption order in favour of X and dispense with G's consent
  3. 3 What contact arrangements best serve Z's welfare and identity needs

Ratio Decidendi

The court refused to make a step-parent adoption order because Z's welfare did not require dispensing with G's consent. The court found that Z's lifelong welfare and identity needs are better served by a child arrangements order confirming Z lives with X (who will acquire parental responsibility), a defined contact order for direct and indirect contact with G, and a restricted parental responsibility order for G. The court determined that an adoption order would risk undermining Z's relationship with G and is not necessary or proportionate in these circumstances. The court also made a s91(14) order to prevent further litigation for three years.

Court Disposition

Step-parent adoption order refused; child arrangements order and contact order granted; s91(14) order made.

Orders

  • Application for step-parent adoption by X refused; G's consent not dispensed with.
  • Child arrangements order: Z to live with X; X acquires parental responsibility.