C (A Child: Parental Order & Child Arrangements Order)

C (A Child: Parental Order & Child Arrangements Order)

The court found that the mother deliberately concealed the second surrogacy from the father, that the father did not consent to the extension of storage of his genetic material or to the second surrogacy arrangement, and that the mother lied in her evidence. The court did not find that the father assaulted the mother or committed domestic abuse.

Parties
Applicant: A; 1st Respondent: B; 2nd Respondent: C (A Child through his Children’s Guardian); Intervenor: A Local Authority
Jurisdiction
England and Wales
Judgment Date
17 April 2020
Procedural Posture
Family / Fact Finding Judgment Prior to Welfare Hearing
Outcome
Findings of fact made; no findings of assault or domestic abuse against the father; findings against the mother for concealment and lack of consent for surrogacy.
Legal Topics
Surrogacy, Parental Orders, Child Arrangements, Non Molestation Orders, Occupation Orders, Domestic Abuse Allegations
Family Law Surrogacy Parental Orders Child Arrangements Non Molestation Orders Occupation Orders Domestic Abuse Allegations

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Parties

A

Applicant

B

1st Respondent

C (A Child through his Children’s Guardian)

2nd Respondent

A Local Authority

Intervenor

Procedural Posture

Family / Fact Finding Judgment Prior to Welfare Hearing

Legal Issues

  1. 1 Whether the father knew of and consented to the second surrogacy arrangement
  2. 2 Whether the father assaulted the mother or committed domestic abuse
  3. 3 Whether the mother deliberately concealed the second surrogacy from the father

Ratio Decidendi

The court found that the mother deliberately concealed the second surrogacy from the father, that the father did not consent to the extension of storage of his genetic material or to the second surrogacy arrangement, and that the mother lied in her evidence. The court did not find that the father assaulted the mother or committed domestic abuse.

Court Disposition

Findings of fact made; no findings of assault or domestic abuse against the father; findings against the mother for concealment and lack of consent for surrogacy.