A (A Child : Surrogacy: S.54 Criteria) [2020] EWHC 1426 (Fam) (18 June 2020)

A (A Child : Surrogacy: S.54 Criteria) [2020] EWHC 1426 (Fam) (18 June 2020)

The statutory six-month time limit for applying for a parental order under s.54(3) HFEA 2008 is not fatal; a purposive and Convention-compliant interpretation allows the court to make a parental order where the applicants are in an enduring family relationship and the child's welfare best interests require it, even...

Source-derived case information.

Citation
[2020] EWHC 1426 (Fam)
Parties
1st Applicant: M; 2nd Applicant: F; 1st Respondent: SM; 2nd Respondent: A (by his Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
18 June 2020
Procedural Posture
Family Law Parental Order (surrogacy) / Final Judgment on Joint Parental Order Application
Outcome
Parental order granted in favour of the mother and father.
Legal Topics
Surrogacy, Parental Orders, Statutory Interpretation, Human Fertilisation and Embryology Act 2008, Article 8 ECHR, Article 14 ECHR, Children's Welfare
Family Law Human Rights Surrogacy Parental Orders Statutory Interpretation Human Fertilisation and Embryology Act 2008 Article 8 ECHR Article 14 ECHR +1 more

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Summary, issues, holding and outcome

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Parties

M

1st Applicant

F

2nd Applicant

SM

1st Respondent

A (by his Children's Guardian)

2nd Respondent

Procedural Posture

Family Law Parental Order (surrogacy) / Final Judgment on Joint Parental Order Application

Legal Issues

  1. 1 Whether the statutory six-month time limit for a parental order application under s.54(3) HFEA 2008 is fatal if not met
  2. 2 Whether separated parents can satisfy the 'enduring family relationship' and 'child's home' requirements under s.54(2)(c) and s.54(4)(a) HFEA 2008
  3. 3 Whether a purposive and Convention-compliant interpretation of s.54 HFEA 2008 permits the making of a parental order in these circumstances

Ratio Decidendi

The statutory six-month time limit for applying for a parental order under s.54(3) HFEA 2008 is not fatal; a purposive and Convention-compliant interpretation allows the court to make a parental order where the applicants are in an enduring family relationship and the child's welfare best interests require it, even if the parents are separated and do not share a home. The transformative effect of a parental order and the child's Article 8 and 14 rights justify this approach.

Court Disposition

Parental order granted in favour of the mother and father.

Orders

  • A parental order is made in respect of A in favour of the mother and the father.