C v D [2025] EWFC 196 (02 July 2025)

C v D [2025] EWFC 196 (02 July 2025)

The court found that while C and D initially embarked on a joint surrogacy arrangement, from November 2019 D proceeded alone and did not effectively communicate this change to C. C's belief in a continuing joint arrangement was not supported by the evidence, as he had little involvement or information about the surrogacy process after that point. However, C played a significant role in the children's lives after their birth, with D permitting and encouraging his involvement. The court concluded that C is a significant adult and psychological parent to the children, and that the children's welfare would be best served by maintaining and developing their relationship with C. The court...

Citation
[2025] EWFC 196
Parties
Applicant: C; Respondent: D
Jurisdiction
England and Wales
Judgment Date
02 July 2025
Procedural Posture
Family Law Child Arrangements and Parental Responsibility / Final Judgment After Fact Finding Hearing
Outcome
Application granted in part; C granted parental responsibility and child arrangements order for unsupervised contact, building towards shared care. D remains resident parent.
Legal Topics
Parental Responsibility, Child Arrangements Order, Surrogacy Breakdown, Psychological Parent, Welfare Principle
Family Law Child Law Surrogacy Parental Responsibility Child Arrangements Order Surrogacy Breakdown Psychological Parent Welfare Principle

Case Brief

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Parties

C

Applicant

D

Respondent

Procedural Posture

Family Law Child Arrangements and Parental Responsibility / Final Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether C should be granted parental responsibility for the children
  2. 2 Whether a child arrangements order should be made in favour of C
  3. 3 Assessment of the nature of C's relationship with the children and D

Ratio Decidendi

The court found that while C and D initially embarked on a joint surrogacy arrangement, from November 2019 D proceeded alone and did not effectively communicate this change to C. C's belief in a continuing joint arrangement was not supported by the evidence, as he had little involvement or information about the surrogacy process after that point. However, C played a significant role in the children's lives after their birth, with D permitting and encouraging his involvement. The court concluded that C is a significant adult and psychological parent to the children, and that the children's welfare would be best served by maintaining and developing their relationship with C. The court...

Court Disposition

Application granted in part; C granted parental responsibility and child arrangements order for unsupervised contact, building towards shared care. D remains resident parent.

Orders

  • C is granted parental responsibility for the children.
  • A child arrangements order is made for increasing unsupervised contact between C and the children, progressing to overnight stays and shared care.