AB (Surrogacy: Consent), Re [2016] EWHC 2643 (Fam) (25 October 2016)

Parental orders cannot be made without respondent's consent as required by s54(6) HFEA 2008; court must adjourn application as consent is not forthcoming, leaving children in legal limbo.

Citation: [2016] EWHC 2643 (Fam)
Parties: Applicant: C; Applicant: D; 1st Respondent: E; 2nd Respondent: F; 3rd Respondent: A; 4th Respondent: B
Jurisdiction: England and Wales
Judgment Date: 25 October 2016
Procedural Posture: Application for Parental Order / Adjournment Pending Respondent Consent
Outcome: Application for parental order adjourned generally with liberty to restore.
Legal Topics: Surrogacy, Parental Orders, Consent, Legal Parentage

Family Law Surrogacy Parental Orders Consent Legal Parentage

Case Brief

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Parties

Applicant

1st Respondent

2nd Respondent

3rd Respondent

4th Respondent

Procedural Posture

Application for Parental Order / Adjournment Pending Respondent Consent

Legal Issues

1 Whether parental orders can be made without respondent's consent under s54(6) HFEA 2008
2 Legal consequences for children and applicants if parental orders are not made
3 Appropriateness of adoption order versus parental order in surrogacy cases

Ratio Decidendi

Parental orders cannot be made without respondent's consent as required by s54(6) HFEA 2008; court must adjourn application as consent is not forthcoming, leaving children in legal limbo.

Court Disposition

Application for parental order adjourned generally with liberty to restore.

Orders

Application adjourned generally with liberty to restore before Mrs Justice Theis DBE.
Child arrangements order remains in force, applicants have parental responsibility until children are 18.