A & Anor v X & Anor

It is in Z's best interests to remain living with X, as she is better placed to meet his emotional needs, has formed a strong bond, and is more likely to promote positive relationships with all parents; applicants' conduct and inability to accept X's role undermine their suitability. Parental order cannot be made due to lack of free, unconditional consent and full understanding by X.

Parties: Applicant: A; Applicant: B; 1st Respondent: X; 2nd Respondent: Z (A Child)
Jurisdiction: England and Wales
Judgment Date: 30 June 2016
Procedural Posture: Child Arrangements Order (failed Surrogacy Agreement) / Final Judgment
Outcome: Z to remain living with X; parental responsibility granted to P; child arrangements order made; parental order denied.
Legal Topics: Child Arrangements, Parental Responsibility, Surrogacy Agreements, Welfare of the Child, Parental Orders

Family Law Child Law Surrogacy Child Arrangements Parental Responsibility Surrogacy Agreements Welfare of the Child Parental Orders

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 2

Parties

Applicant

1st Respondent

Z (A Child)

2nd Respondent

Procedural Posture

Child Arrangements Order (failed Surrogacy Agreement) / Final Judgment

Legal Issues

1 Whether Z should live with the applicants or with X
2 Whether parental responsibility should be granted to P
3 Whether a parental order can be made under HFEA 2008

Ratio Decidendi

Court Disposition

Z to remain living with X; parental responsibility granted to P; child arrangements order made; parental order denied.

Orders

Z to live with X;
P granted parental responsibility;