G, Re

G, Re

The court held that Mr and Mrs G, being domiciled in Turkey, were ineligible for a parental order under HFEA 1990, s 30. The only viable legal route was to grant them parental responsibility under ACA 2002, s 84, to facilitate adoption in Turkey, as this was in the child's best interests and complied with statutory requirements.

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

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Parties

Mr G

Applicant/commissioning Parent

Mrs G

Applicant/commissioning Parent

Mrs J

Surrogate Mother

Mr PJ

Surrogate Mother's Husband

M

Child

CAFCASS Guardian (Mrs HC)

Guardian Ad Litem for M

Procedural Posture

Family (surrogacy/parentage/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 Legal parentage of a child born via surrogacy where the surrogate is married
  3. 3 Appropriate legal mechanism to transfer parental responsibility to foreign commissioning parents

Ratio Decidendi

The court held that Mr and Mrs G, being domiciled in Turkey, were ineligible for a parental order under HFEA 1990, s 30. The only viable legal route was to grant them parental responsibility under ACA 2002, s 84, to facilitate adoption in Turkey, as this was in the child's best interests and complied with statutory requirements.

Court Disposition

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

Orders

  • Parental responsibility for M granted to Mr and Mrs G under ACA 2002, s 84.
  • Parental responsibility of Mrs J terminated.