B v C & Ors

B v C & Ors

B, as A's legal brother under HFEA 2008, lawfully received A for adoption from C and D, meeting statutory requirements. Adoption by a single parent is permitted, and all welfare considerations support the order.

Parties
Applicant: B; 1st Respondent: C; 2nd Respondent: D; 3rd Respondent: A (A Child by Children’s Guardian); 4th Respondent: The Local Authority
Jurisdiction
England and Wales
Judgment Date
13 February 2015
Procedural Posture
Adoption Application / Judgment
Outcome
Adoption order granted.
Legal Topics
Adoption by Single Parent, Surrogacy Arrangements, Legal Parenthood, Private Fostering, Parental Responsibility
Family Law Adoption Law Surrogacy Law Adoption by Single Parent Surrogacy Arrangements Legal Parenthood Private Fostering Parental Responsibility

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Parties

B

Applicant

C

1st Respondent

D

2nd Respondent

A (A Child by Children’s Guardian)

3rd Respondent

The Local Authority

4th Respondent

Procedural Posture

Adoption Application / Judgment

Legal Issues

  1. 1 Whether a single person can adopt a child born via surrogacy
  2. 2 Legal parenthood under HFEA 2008
  3. 3 Lawfulness of placement for adoption by relatives

Ratio Decidendi

B, as A's legal brother under HFEA 2008, lawfully received A for adoption from C and D, meeting statutory requirements. Adoption by a single parent is permitted, and all welfare considerations support the order.

Court Disposition

Adoption order granted.

Orders

  • B's application for adoption is allowed.
  • B is declared A's legal parent.