H (Domestic Surrogacy Arrangment), Re [2016] EWFC 80 (13 December 2016)

H (Domestic Surrogacy Arrangment), Re [2016] EWFC 80 (13 December 2016)

H's welfare is best served by living with B and A, her intended and genetic parents, who are more likely to promote positive relationships with her birth family and provide emotional stability. C and D's rigidity, undermining behaviour, and inability to move on from past concerns pose risks to H's emotional development. The Guardian's assessment, supported by independent psychiatric evidence, demonstrates B's mental health and immigration status do not present risks to H's care. Contact with C and D should be limited to six times a year to balance H's need for stability with her need to know her birth family.

Citation
[2016] EWFC 80
Parties
Applicant: B; Applicant: A; 1st Respondent: C; 2nd Respondent: D; 3rd Respondent: H (through her Children's Guardian Angela Adams)
Jurisdiction
England and Wales
Judgment Date
13 December 2016
Procedural Posture
Family Law Child Arrangements (surrogacy) / Final Hearing and Judgment
Outcome
H to live with B and A as main carers; contact with C and D six times a year.
Legal Topics
Parental Responsibility, Surrogacy Agreements, Child Welfare, Same Sex Parenting, Attachment Theory
Family Law Surrogacy Child Welfare Parental Responsibility Surrogacy Agreements Same Sex Parenting Attachment Theory

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Parties

B

Applicant

A

Applicant

C

1st Respondent

D

2nd Respondent

H (through her Children's Guardian Angela Adams)

3rd Respondent

Procedural Posture

Family Law Child Arrangements (surrogacy) / Final Hearing and Judgment

Legal Issues

  1. 1 Who should be the primary carer and main home for H, a child born via surrogacy?
  2. 2 How should the court weigh genetic, gestational, social, and legal parenthood in determining H's welfare?
  3. 3 What is the impact of parental mental health and immigration status on child welfare?

Ratio Decidendi

H's welfare is best served by living with B and A, her intended and genetic parents, who are more likely to promote positive relationships with her birth family and provide emotional stability. C and D's rigidity, undermining behaviour, and inability to move on from past concerns pose risks to H's emotional development. The Guardian's assessment, supported by independent psychiatric evidence, demonstrates B's mental health and immigration status do not present risks to H's care. Contact with C and D should be limited to six times a year to balance H's need for stability with her need to know her birth family.

Court Disposition

H to live with B and A as main carers; contact with C and D six times a year.

Orders

  • H's main residence to be with B and A.
  • C and D to have visiting contact with H six times a year.