A & Anor v C & Anor

A & Anor v C & Anor

The welfare of the children throughout their lives requires the making of parental orders, and the delay in application was excusable as the applicants were unaware of the legal requirement. All statutory criteria were met, and no party would suffer prejudice by granting the orders.

Parties
Applicant: A; Applicant: B; Respondent: C; Respondent: D
Jurisdiction
England and Wales
Judgment Date
11 July 2016
Procedural Posture
Family / Judgment After Final Hearing
Outcome
Parental orders granted for all three children.
Legal Topics
Parental Orders, Surrogacy Arrangements, Delay in Application, Child Welfare
Family Law Surrogacy Parental Orders Surrogacy Arrangements Delay in Application Child Welfare

Case Brief

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Parties

A

Applicant

B

Applicant

C

Respondent

D

Respondent

Procedural Posture

Family / Judgment After Final Hearing

Legal Issues

  1. 1 Whether parental orders should be granted despite application being made after statutory six-month period
  2. 2 Whether the welfare of the children requires the making of parental orders
  3. 3 Whether payments to the surrogate mother and her husband were appropriate

Ratio Decidendi

The welfare of the children throughout their lives requires the making of parental orders, and the delay in application was excusable as the applicants were unaware of the legal requirement. All statutory criteria were met, and no party would suffer prejudice by granting the orders.

Court Disposition

Parental orders granted for all three children.

Orders

  • Parental orders made in favour of the applicants for each child.
  • Applicants conferred joint and legal parenthood and parental responsibility.