Z & Anor v C & Anor [2011] EWHC 3181 (Fam) (02 December 2011)

Z & Anor v C & Anor [2011] EWHC 3181 (Fam) (02 December 2011)

Z abandoned his Israeli domicile of origin and acquired an English domicile of choice in January 2008 by establishing residence and demonstrating a genuine, permanent intention to make the UK his home; thus, the court has jurisdiction under s.54 HFEA 2008.

Citation
[2011] EWHC 3181 (Fam)
Parties
1st Applicant: Z; 2nd Applicant: B; Respondent: C; Advocate to the Court: Cafcass Legal
Jurisdiction
England and Wales
Judgment Date
02 December 2011
Procedural Posture
Parental Order Application (family) / Preliminary Issue on Domicile
Outcome
Preliminary issue determined in favour of the applicants; court has jurisdiction.
Legal Topics
International Surrogacy, Parental Orders, Domicile, Jurisdiction, Same Sex Parenting
Family Law Private International Law International Surrogacy Parental Orders Domicile Jurisdiction Same Sex Parenting

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Parties

Z

1st Applicant

B

2nd Applicant

C

Respondent

Cafcass Legal

Advocate to the Court

Procedural Posture

Parental Order Application (family) / Preliminary Issue on Domicile

Legal Issues

  1. 1 Whether one of the applicants was domiciled in England and Wales at the time of the parental order application under s.54 HFEA 2008

Ratio Decidendi

Z abandoned his Israeli domicile of origin and acquired an English domicile of choice in January 2008 by establishing residence and demonstrating a genuine, permanent intention to make the UK his home; thus, the court has jurisdiction under s.54 HFEA 2008.

Court Disposition

Preliminary issue determined in favour of the applicants; court has jurisdiction.

Orders

  • Court finds Z was domiciled in England and Wales at the time of the application.