B & Anor v C & Ors

B & Anor v C & Ors

H's welfare needs are best met by living with B and A, her intended gay parents, due to their ability to meet her identity, emotional, and day-to-day needs, and to promote positive relationships with C and D. C and D's rigidity, undermining behaviour, and inability to move on pose risks to H's emotional stability. Contact with C and D should be limited to six occasions a year to consolidate H's attachment to primary carers and reduce risk of emotional harm.

Parties
Applicant: B; Applicant: A; Respondent: C; Respondent: D; Respondent: H
Jurisdiction
England and Wales
Judgment Date
13 December 2016
Procedural Posture
Family / Judgment
Outcome
H to reside with B and A; contact with C and D six times a year; change of name endorsed.
Legal Topics
Domestic Surrogacy, Parental Responsibility, Child Residence, Contact Arrangements, Mental Health, Immigration Status
Family Law Child Welfare Surrogacy Domestic Surrogacy Parental Responsibility Child Residence Contact Arrangements Mental Health +1 more

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Parties

B

Applicant

A

Applicant

C

Respondent

D

Respondent

H

Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Determination of primary residence for child H following breakdown of surrogacy arrangement
  2. 2 Assessment of parental responsibility and welfare needs
  3. 3 Impact of mental health and immigration status on parenting

Ratio Decidendi

H's welfare needs are best met by living with B and A, her intended gay parents, due to their ability to meet her identity, emotional, and day-to-day needs, and to promote positive relationships with C and D. C and D's rigidity, undermining behaviour, and inability to move on pose risks to H's emotional stability. Contact with C and D should be limited to six occasions a year to consolidate H's attachment to primary carers and reduce risk of emotional harm.

Court Disposition

H to reside with B and A; contact with C and D six times a year; change of name endorsed.

Orders

  • H's primary residence with B and A
  • Contact with C and D six times a year