A (A Child : Surrogacy: S.54 Criteria)

A (A Child : Surrogacy: S.54 Criteria)

The statutory criteria in s.54 of the Human Fertilisation and Embryology Act 2008 must be interpreted purposively and in a Convention-compliant manner; the late application, separated parents, and separate homes are not fatal to the parental order. The applicants are in an enduring family relationship, the child has his home with both parents, and it is overwhelmingly in the child's welfare best interests to make the parental order.

Parties
First Applicant / Biological Mother: M; Second Applicant / Biological Father: F; First Respondent / Surrogate Mother: SM; Child (by Children’s Guardian): A
Jurisdiction
England and Wales
Judgment Date
18 June 2020
Procedural Posture
Parental Order Application (surrogacy) / Final Judgment
Outcome
Parental order granted in favour of the mother and father.
Legal Topics
Surrogacy, Parental Orders, Statutory Interpretation, Children's Welfare, Convention Rights
Family Law Human Rights Surrogacy Parental Orders Statutory Interpretation Children's Welfare Convention Rights

Case Brief

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Parties

M

First Applicant / Biological Mother

F

Second Applicant / Biological Father

SM

First Respondent / Surrogate Mother

A

Child (by Children’s Guardian)

Procedural Posture

Parental Order Application (surrogacy) / Final Judgment

Legal Issues

  1. 1 Whether the parental order application made outside the statutory 6-month time limit is fatal to the application
  2. 2 Whether the child’s home is with both separated parents for purposes of s.54(4)(a)
  3. 3 Whether the applicants are 'living as partners in an enduring family relationship' under s.54(2)(c)

Ratio Decidendi

The statutory criteria in s.54 of the Human Fertilisation and Embryology Act 2008 must be interpreted purposively and in a Convention-compliant manner; the late application, separated parents, and separate homes are not fatal to the parental order. The applicants are in an enduring family relationship, the child has his home with both parents, and it is overwhelmingly in the child's welfare best interests to make the parental order.

Court Disposition

Parental order granted in favour of the mother and father.

Orders

  • A is made the subject of a parental order in favour of M and F.