Z (Parental Order: Child's Home)
The applicants satisfied all statutory requirements under s.54 HFEA 2008, including enduring family relationship, child’s home, domicile, and welfare. The payments to the surrogate were made in good faith and retrospectively authorised. The welfare of the child, Z, is best served by making the parental order.
- Parties
- Applicant: AB; Applicant: CD; Respondent: EF; Reporting Officer: Reporting Officer (Ms D)
- Jurisdiction
- England and Wales
- Judgment Date
- 15 January 2021
- Procedural Posture
- Parental Order Application / Final Judgment
- Outcome
- parental order granted
- Legal Topics
- Surrogacy, Parental Orders, Child Welfare, Domicile, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
AB
Applicant
CD
Applicant
EF
Respondent
Reporting Officer (Ms D)
Reporting Officer
Procedural Posture
Parental Order Application / Final Judgment
Legal Issues
- 1 Whether the statutory criteria under s.54 of the Human Fertilisation and Embryology Act 2008 are satisfied for granting a parental order
- 2 Whether the applicants are living as partners in an enduring family relationship
- 3 Whether the child’s home is with the applicants at the relevant times
Ratio Decidendi
The applicants satisfied all statutory requirements under s.54 HFEA 2008, including enduring family relationship, child’s home, domicile, and welfare. The payments to the surrogate were made in good faith and retrospectively authorised. The welfare of the child, Z, is best served by making the parental order.
Court Disposition
parental order granted
Orders
- Parental order made in respect of Z to AB and CD
- Retrospective approval of payments to surrogate mother EF
Full Case Text
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