Z (Care Proceedings: Surrogacy)

Z (Care Proceedings: Surrogacy)

The local authority was unable to satisfy the threshold criteria for making a care or supervision order under s.31(2) of the Children Act 1989. There was no evidence that Z had suffered or was likely to suffer significant harm. Therefore, the application to withdraw the care proceedings must succeed, and the wardship order should be discharged.

Parties
Applicant Local Authority: X Council; First Respondent (surrogate Mother): EF; Second Respondent (biological Father): AB; Third Respondent (child): Z (by her Children's Guardian); Fourth Respondent (ab's Partner and Cohabitee): CD
Jurisdiction
England and Wales
Judgment Date
12 January 2021
Procedural Posture
Care Proceedings (public Law) / Application for Withdrawal of Care Proceedings; Final Judgment
Outcome
Permission granted to withdraw care proceedings; wardship order discharged.
Legal Topics
Withdrawal of Care Proceedings, Threshold Criteria Under Children Act, Wardship, Parental Responsibility, Surrogacy Arrangements
Family Law Child Protection Surrogacy Withdrawal of Care Proceedings Threshold Criteria Under Children Act Wardship Parental Responsibility Surrogacy Arrangements

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Parties

X Council

Applicant Local Authority

EF

First Respondent (surrogate Mother)

AB

Second Respondent (biological Father)

Z (by her Children's Guardian)

Third Respondent (child)

CD

Fourth Respondent (ab's Partner and Cohabitee)

Procedural Posture

Care Proceedings (public Law) / Application for Withdrawal of Care Proceedings; Final Judgment

Legal Issues

  1. 1 Whether the local authority can satisfy the threshold criteria for making a care or supervision order under s.31(2) of the Children Act 1989
  2. 2 Whether permission should be granted to withdraw the care proceedings
  3. 3 Whether the wardship order should be discharged

Ratio Decidendi

The local authority was unable to satisfy the threshold criteria for making a care or supervision order under s.31(2) of the Children Act 1989. There was no evidence that Z had suffered or was likely to suffer significant harm. Therefore, the application to withdraw the care proceedings must succeed, and the wardship order should be discharged.

Court Disposition

Permission granted to withdraw care proceedings; wardship order discharged.

Orders

  • Permission granted to the local authority to withdraw its application for public law orders in respect of Z.
  • Wardship order in respect of Z discharged.