AB v CD & Ors

AB v CD & Ors

The welfare and best interests of the children require making them wards of court, granting child arrangements order to first respondent and applicant, restricting parental responsibility of surrogate mother and husband, and dismissing second respondent's applications, as neither biological parent can be legally recognised without a parental order under current law.

Parties
Applicant: AB; First Respondent: CD; Second Respondent: EF; Child: GH; Child: IJ
Jurisdiction
England and Wales
Judgment Date
13 April 2018
Procedural Posture
Family / Final Judgment
Outcome
Applications granted and dismissed as specified; children made wards of court; child arrangements order in favour of first respondent and applicant; restriction of parental responsibility of surrogate mother and husband; permission granted for second respondent to withdraw application; no order as to contact between...
Legal Topics
Parental Responsibility, Child Arrangements Order, Wardship, Surrogacy Agreement, Psychological Parent, Biological Parent, Withdrawal of Application
Family Law Child Welfare Surrogacy Parental Responsibility Child Arrangements Order Wardship Surrogacy Agreement Psychological Parent +2 more

Case Brief

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Parties

AB

Applicant

CD

First Respondent

EF

Second Respondent

GH

Child

IJ

Child

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Legal parentage of children born via surrogacy
  2. 2 Entitlement to parental responsibility
  3. 3 Child arrangements and welfare

Ratio Decidendi

The welfare and best interests of the children require making them wards of court, granting child arrangements order to first respondent and applicant, restricting parental responsibility of surrogate mother and husband, and dismissing second respondent's applications, as neither biological parent can be legally recognised without a parental order under current law.

Court Disposition

Applications granted and dismissed as specified; children made wards of court; child arrangements order in favour of first respondent and applicant; restriction of parental responsibility of surrogate mother and husband; permission granted for second respondent to withdraw application; no order as to contact between...

Orders

  • Children GH and IJ made wards of court.
  • Child arrangements order granted to CD and AB for children to live with them.