F, Re
The statutory criteria for a parental order under section 54 HFEA 2008 are satisfied: the child was conceived with the gametes of one applicant, the applicants are married, the application was made within six months of birth, the child lives with the applicants, both are domiciled in the UK, both are over 18, the respondents freely and unconditionally consented, and only reasonable expenses were paid. The child's lifelong welfare is best served by making the order.
- Parties
- First Applicant: Mrs W; Second Applicant: Mr W; First Respondent: K; Second Respondent: E
- Jurisdiction
- England and Wales
- Judgment Date
- 11 August 2024
- Procedural Posture
- Family / Judgment on Application for Parental Order
- Outcome
- Parental Order granted
- Legal Topics
- Surrogacy, Parental Orders, Consent, Reasonable Expenses
Case Brief
Summary, issues, holding and outcome
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Parties
Mrs W
First Applicant
Mr W
Second Applicant
K
First Respondent
E
Second Respondent
Procedural Posture
Family / Judgment on Application for Parental Order
Legal Issues
- 1 Whether the statutory criteria for a parental order are met
- 2 Whether the child's lifelong welfare will be met by the making of a parental order
Ratio Decidendi
The statutory criteria for a parental order under section 54 HFEA 2008 are satisfied: the child was conceived with the gametes of one applicant, the applicants are married, the application was made within six months of birth, the child lives with the applicants, both are domiciled in the UK, both are over 18, the respondents freely and unconditionally consented, and only reasonable expenses were paid. The child's lifelong welfare is best served by making the order.
Court Disposition
Parental Order granted
Orders
- A Parental Order is made in respect of F, recognising Mr and Mrs W as his legal parents.
Full Case Text
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