H (A Child : Surrogacy Breakdown)

H (A Child : Surrogacy Breakdown)

The judge was entitled to apply the conventional welfare principle to determine H's living arrangements and contact, prioritising the child's best interests over the expectations of the adults. The orders made were not equivalent to a parental order and were justified by the evidence, particularly the need for stability and to avoid conflict. The appeal was dismissed as the judge's approach and conclusions were within her discretion and supported by the Guardian's recommendations.

Parties
Appellant: A and B; Respondent: C and D; Interested Party: Children’s Guardian (Cafcass Legal)
Jurisdiction
England and Wales
Judgment Date
17 November 2017
Procedural Posture
Family / Appeal From High Court (family Division) to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Parental Responsibility, Child Arrangements, Surrogacy Agreements, Contact Orders
Family Law Surrogacy Parental Responsibility Child Arrangements Surrogacy Agreements Contact Orders

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Parties

A and B

Appellant

C and D

Respondent

Children’s Guardian (Cafcass Legal)

Interested Party

Procedural Posture

Family / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Proper approach to child arrangements following surrogacy breakdown
  2. 2 Application of welfare principle in surrogacy disputes
  3. 3 Extent of parental responsibility and contact for legal and intended parents

Ratio Decidendi

The judge was entitled to apply the conventional welfare principle to determine H's living arrangements and contact, prioritising the child's best interests over the expectations of the adults. The orders made were not equivalent to a parental order and were justified by the evidence, particularly the need for stability and to avoid conflict. The appeal was dismissed as the judge's approach and conclusions were within her discretion and supported by the Guardian's recommendations.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; High Court orders affirmed
  • Order restraining A and B from generating further publicity about the matter