H (A Child : Surrogacy Breakdown) [2017] EWCA Civ 1798 (17 November 2017)

H (A Child : Surrogacy Breakdown) [2017] EWCA Civ 1798 (17 November 2017)

The Judge was entitled to make orders limiting contact and parental responsibility for C and D based on the welfare principle, the evidence of the Guardian, and the need for H to have a secure primary home. The law does not require special treatment for surrogacy breakdowns; the welfare of the child remains paramount, and the orders made were necessary and proportionate to support H's best interests.

Citation
[2017] EWCA Civ 1798
Parties
Appellant: A and B; Respondent: C and D; Respondent: Children's Guardian (Cafcass)
Jurisdiction
England and Wales
Judgment Date
17 November 2017
Procedural Posture
Appeal (family Law) / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Surrogacy Breakdown, Parental Responsibility, Child Arrangements Order, Contact Arrangements, Welfare Principle
Family Law Child Law Surrogacy Surrogacy Breakdown Parental Responsibility Child Arrangements Order Contact Arrangements Welfare Principle

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Parties

A and B

Appellant

C and D

Respondent

Children's Guardian (Cafcass)

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Proper approach to child welfare in surrogacy breakdown
  2. 2 Extent of contact and parental responsibility for non-resident intended parents
  3. 3 Application of welfare principle in unconventional family structures

Ratio Decidendi

The Judge was entitled to make orders limiting contact and parental responsibility for C and D based on the welfare principle, the evidence of the Guardian, and the need for H to have a secure primary home. The law does not require special treatment for surrogacy breakdowns; the welfare of the child remains paramount, and the orders made were necessary and proportionate to support H's best interests.

Court Disposition

Appeal dismissed

Orders

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