C v D (Surrogacy: Children Arrangements and Parental Responsibility)

C v D (Surrogacy: Children Arrangements and Parental Responsibility)

C was not actively engaged in the surrogacy arrangement after November 2019, but subsequently played a significant co-parenting role in the children's lives. The children's welfare is best served by maintaining regular contact with C, but not by granting him parental responsibility, as this would likely increase conflict and risk harm without tangible welfare benefit.

Parties
Applicant: C; Respondent: D
Jurisdiction
England and Wales
Judgment Date
07 March 2025
Procedural Posture
Family / Final Judgment
Outcome
Application partially granted
Legal Topics
Child Arrangements Order, Parental Responsibility, Surrogacy, Same Sex Relationships
Family Law Child Arrangements Order Parental Responsibility Surrogacy Same Sex Relationships

Case Brief

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Parties

C

Applicant

D

Respondent

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether C should be granted a child arrangements order and parental responsibility for the children
  2. 2 Assessment of the nature of C's role in the children's lives
  3. 3 Impact of ongoing conflict between C and D on the children's welfare

Ratio Decidendi

C was not actively engaged in the surrogacy arrangement after November 2019, but subsequently played a significant co-parenting role in the children's lives. The children's welfare is best served by maintaining regular contact with C, but not by granting him parental responsibility, as this would likely increase conflict and risk harm without tangible welfare benefit.

Court Disposition

Application partially granted

Orders

  • C to have unsupervised contact with the children once a month, building up to a full day
  • C and D encouraged to engage in mediation or expert support to agree practical arrangements