A & B (No 2 -Parental Order)

A & B (No 2 -Parental Order)

The court purposively construed the statutory requirements in s 54 HFEA 2008, permitting the parental order application to proceed despite being filed outside the six-month limit and despite the applicants living separately. The applicants satisfied all other statutory criteria, including domicile, consent, and payments. The lifelong welfare interests of the children required the parental order to be made.

Parties
Applicant: A; Applicant: B; Respondent: X; Respondent: Y; Respondent: C & D (Through their Children’s Guardian Mrs Lillian Odze)
Jurisdiction
England and Wales
Judgment Date
17 July 2015
Procedural Posture
Parental Order Application (foreign Surrogacy) / Final Judgment
Outcome
Parental orders granted for both children.
Legal Topics
Parental Orders, Surrogacy Arrangements, Statutory Interpretation, Domicile, Consent, Payments to Surrogate, Welfare of Children
Family Law Child Welfare Surrogacy Parental Orders Surrogacy Arrangements Statutory Interpretation Domicile Consent +2 more

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Parties

A

Applicant

B

Applicant

X

Respondent

Y

Respondent

C & D (Through their Children’s Guardian Mrs Lillian Odze)

Respondent

Procedural Posture

Parental Order Application (foreign Surrogacy) / Final Judgment

Legal Issues

  1. 1 Whether the parental order application can proceed despite being filed outside the statutory six-month limit
  2. 2 Whether the children’s home was with the applicants at the time of application and order
  3. 3 Whether either applicant is domiciled in the United Kingdom

Ratio Decidendi

The court purposively construed the statutory requirements in s 54 HFEA 2008, permitting the parental order application to proceed despite being filed outside the six-month limit and despite the applicants living separately. The applicants satisfied all other statutory criteria, including domicile, consent, and payments. The lifelong welfare interests of the children required the parental order to be made.

Court Disposition

Parental orders granted for both children.

Orders

  • Parental order made for each child.
  • Directions for future hearing to consider time spent with each parent and support programme (including SPIP attendance).