H (Surrogacy: Step-parent adoption), Re [2023] EWFC 214 (28 November 2023)

H (Surrogacy: Step-parent adoption), Re [2023] EWFC 214 (28 November 2023)

On the specific facts, a step-parent adoption order in favour of E secures H's lifelong welfare needs, legal parentage, and identity, including her Italian heritage and citizenship, and is proportionate and justified under the statutory and human rights framework. All statutory requirements are met, and the order is supported by all parties and the evidence.

Citation
[2023] EWFC 214
Parties
Applicant: E; Second Respondent: L; First Respondent: R; Third Respondent: H (by her Children's Guardian, Emma Huntington); Adoption Agency: Adoption Agency
Jurisdiction
England and Wales
Judgment Date
28 November 2023
Procedural Posture
Step Parent Adoption Application / Final Judgment
Outcome
Step-parent adoption order granted in favour of E.
Legal Topics
Step Parent Adoption, Parental Responsibility, Surrogacy Arrangements, Recognition of Foreign Surrogacy, Child Welfare, Citizenship and Nationality, Human Rights (article 8 Echr)
Family Law Adoption Law Surrogacy Law Step Parent Adoption Parental Responsibility Surrogacy Arrangements Recognition of Foreign Surrogacy Child Welfare +2 more

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Parties

E

Applicant

L

Second Respondent

R

First Respondent

H (by her Children's Guardian, Emma Huntington)

Third Respondent

Adoption Agency

Adoption Agency

Procedural Posture

Step Parent Adoption Application / Final Judgment

Legal Issues

  1. 1 Whether a step-parent adoption order should be granted to secure the legal parent status of E in respect of H, a child born via surrogacy, instead of a parental order under the Human Fertilisation and Embryology Act 2008.
  2. 2 Whether the welfare of H is best served by a step-parent adoption order, considering her lifelong welfare needs, identity, and citizenship.

Ratio Decidendi

On the specific facts, a step-parent adoption order in favour of E secures H's lifelong welfare needs, legal parentage, and identity, including her Italian heritage and citizenship, and is proportionate and justified under the statutory and human rights framework. All statutory requirements are met, and the order is supported by all parties and the evidence.

Court Disposition

Step-parent adoption order granted in favour of E.

Orders

  • Step-parent adoption order made in favour of E.
  • Parental responsibility of R extinguished; L retains parental responsibility.