DM and LK, Re

DM and LK, Re

All statutory criteria under section 54 HFEA 2008 are met, including enduring family relationship, child’s home with applicants, free and fully informed consent, and payments only for reasonable expenses. The welfare of the child is best served by making a parental order.

Parties
1st Applicant: DM; 2nd Applicant: LK; 1st Respondent: SJ; 2nd Respondent: OJ; 3rd Respondent: X (by Her Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
13 January 2016
Procedural Posture
Parental Order Application / Judgment
Outcome
Parental order granted.
Legal Topics
Surrogacy, Parental Orders, Child Welfare, Consent
Family Law Surrogacy Parental Orders Child Welfare Consent

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Parties

DM

1st Applicant

LK

2nd Applicant

SJ

1st Respondent

OJ

2nd Respondent

X (by Her Children’s Guardian)

3rd Respondent

Procedural Posture

Parental Order Application / Judgment

Legal Issues

  1. 1 Whether the criteria under section 54 Human Embryology and Fertilisation Act 2008 are met for granting a parental order
  2. 2 Whether the applicants are living as partners in an enduring family relationship
  3. 3 Whether the child’s home is with the applicants at the time of application and order

Ratio Decidendi

All statutory criteria under section 54 HFEA 2008 are met, including enduring family relationship, child’s home with applicants, free and fully informed consent, and payments only for reasonable expenses. The welfare of the child is best served by making a parental order.

Court Disposition

Parental order granted.

Orders

  • Parental order made in favour of DM and LK concerning X.
  • Anonymity of the children and family members must be strictly preserved in any published version of the judgment.