H (Surrogacy: Step-parent adoption), Re

H (Surrogacy: Step-parent adoption), Re

On the particular facts, a step-parent adoption order is justified and preferable to a parental order as it secures H's lifelong welfare needs, legal parentage for E, and enables recognition of H's Italian heritage and citizenship, with full support from all parties and compliance with statutory requirements.

Parties
Applicant: E; 1st Respondent: R; 2nd Respondent: L; 3rd Respondent: H; Children's Guardian: Emma Huntington; Interested Party: Adoption Agency
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Adoption / Judgment
Outcome
Step-parent adoption order granted in favour of E.
Legal Topics
Step Parent Adoption, Parental Responsibility, Child Welfare, Citizenship, Surrogacy Arrangements
Family Law Adoption Surrogacy Step Parent Adoption Parental Responsibility Child Welfare Citizenship Surrogacy Arrangements

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Parties

E

Applicant

R

1st Respondent

L

2nd Respondent

H

3rd Respondent

Emma Huntington

Children's Guardian

Adoption Agency

Interested Party

Procedural Posture

Adoption / Judgment

Legal Issues

  1. 1 Whether a step-parent adoption order should be granted to secure legal parent status for E
  2. 2 Whether step-parent adoption is preferable to a parental order in the context of surrogacy
  3. 3 Whether the welfare of H is best served by a step-parent adoption order

Ratio Decidendi

On the particular facts, a step-parent adoption order is justified and preferable to a parental order as it secures H's lifelong welfare needs, legal parentage for E, and enables recognition of H's Italian heritage and citizenship, with full support from all parties and compliance with statutory requirements.

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.