In the Matter of X (A Child, No. 2, Private Surrogacy Arrangement; Contact With Birth Family)

In the Matter of X (A Child, No. 2, Private Surrogacy Arrangement; Contact With Birth Family)

It is in the best interests of the child to have limited, supervised direct contact with her birth mother and half-sister, alongside indirect contact, provided strict conditions are adhered to and the stability of her placement with the father and mother is not threatened. A section 91(14) order is necessary to prevent further disruptive applications regarding residence for five years.

Parties
Applicant: Birth Mother; Applicant: Half-Sister; Respondent: Father; Respondent: Mother (Father's Wife); Guardian: Guardian (Mr Elton Sanders)
Jurisdiction
England and Wales
Judgment Date
11 November 2016
Procedural Posture
Children Act 1989 Private Law Application (contact and Residence) / Final Order by Consent After Contested Hearing
Outcome
Order by consent; applications for contact granted in limited, supervised form; section 91(14) order made; application to reverse residence summarily dismissed.
Legal Topics
Surrogacy, Contact Orders, Section 91(14) Orders, Welfare of the Child
Family Law Child Law Surrogacy Contact Orders Section 91(14) Orders Welfare of the Child

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Parties

Birth Mother

Applicant

Half-Sister

Applicant

Father

Respondent

Mother (Father's Wife)

Respondent

Guardian (Mr Elton Sanders)

Guardian

Procedural Posture

Children Act 1989 Private Law Application (contact and Residence) / Final Order by Consent After Contested Hearing

Legal Issues

  1. 1 Whether direct and indirect contact should be ordered between the child and her birth family after a private surrogacy arrangement unraveled
  2. 2 Whether a section 91(14) bar on further applications should be imposed
  3. 3 How to balance the child's welfare and stability with her right to know her birth family

Ratio Decidendi

It is in the best interests of the child to have limited, supervised direct contact with her birth mother and half-sister, alongside indirect contact, provided strict conditions are adhered to and the stability of her placement with the father and mother is not threatened. A section 91(14) order is necessary to prevent further disruptive applications regarding residence for five years.

Court Disposition

Order by consent; applications for contact granted in limited, supervised form; section 91(14) order made; application to reverse residence summarily dismissed.

Orders

  • Two occasions of supervised direct contact per year between the child and her birth mother, and separately with her half-sister.
  • Indirect contact in intervening periods.