G, Re [2007] EWHC 2814 (Fam) (28 November 2007)

G, Re [2007] EWHC 2814 (Fam) (28 November 2007)

A parental order under HFEA 1990, s 30 cannot be granted to commissioning parents who are not domiciled in the UK. The appropriate legal mechanism to facilitate adoption abroad in such circumstances is an order under ACA 2002, s 84, granting parental responsibility to the applicants and terminating that of the surrogate mother. The court must ensure all statutory requirements are met and the child's welfare is paramount.

Citation
[2007] EWHC 2814 (Fam)
Parties
Applicants/commissioning Parents: Mr and Mrs G; Surrogate Mother: Mrs J; Estranged Husband of Surrogate Mother: Mr PJ; Child: M; Guardian Ad Litem for M: CAFCASS (Mrs HC)
Jurisdiction
England and Wales
Judgment Date
28 November 2007
Procedural Posture
Family Law Surrogacy/parental Order/adoption / Final Judgment After Multiple Hearings
Outcome
Application for parental order refused; order under ACA 2002, s 84 granted.
Legal Topics
Surrogacy, Parental Orders, Adoption (intercountry), Domicile, Parental Responsibility
Family Law International Private Law Surrogacy Parental Orders Adoption (intercountry) Domicile Parental Responsibility

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Parties

Mr and Mrs G

Applicants/commissioning Parents

Mrs J

Surrogate Mother

Mr PJ

Estranged Husband of Surrogate Mother

M

Child

CAFCASS (Mrs HC)

Guardian Ad Litem for M

Procedural Posture

Family Law Surrogacy/parental Order/adoption / Final Judgment After Multiple Hearings

Legal Issues

  1. 1 Whether non-UK domiciled commissioning parents can obtain a parental order under HFEA 1990, s 30
  2. 2 Whether an order under ACA 2002, s 84 is appropriate to facilitate adoption abroad
  3. 3 Determination of legal parentage where surrogate mother is married

Ratio Decidendi

A parental order under HFEA 1990, s 30 cannot be granted to commissioning parents who are not domiciled in the UK. The appropriate legal mechanism to facilitate adoption abroad in such circumstances is an order under ACA 2002, s 84, granting parental responsibility to the applicants and terminating that of the surrogate mother. The court must ensure all statutory requirements are met and the child's welfare is paramount.

Court Disposition

Application for parental order refused; order under ACA 2002, s 84 granted.

Orders

  • Parental order under HFEA 1990, s 30 refused due to lack of UK domicile.
  • Order under ACA 2002, s 84 made granting parental responsibility for M to Mr and Mrs G and terminating parental responsibility of Mrs J.