QR (Parental Order: Dispensing with Consent: Proportionality), Re

QR (Parental Order: Dispensing with Consent: Proportionality), Re

The court dispensed with the consent of the surrogate and her husband as they could not be found, all reasonable and proportionate steps having been taken. The application for a parental order, though out of time, was allowed as strict compliance would be contrary to the child's welfare. The applicant EF was found...

Source-derived case information.

Parties
Applicant: EF; Applicant: GH; Respondent: XY
Jurisdiction
England and Wales
Judgment Date
13 March 2024
Procedural Posture
Family Law Parental Order (surrogacy) / Final Judgment
Outcome
Parental order granted
Legal Topics
Parental Orders, Surrogacy, Dispensing With Consent, Domicile, Time Limits
Family Law Parental Orders Surrogacy Dispensing With Consent Domicile Time Limits

Source-derived case record

Summary, issues, holding and outcome

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Parties

EF

Applicant

GH

Applicant

XY

Respondent

Procedural Posture

Family Law Parental Order (surrogacy) / Final Judgment

Legal Issues

  1. 1 Whether to dispense with the consent of the surrogate and her husband under section 54(7) of the Human Fertilisation and Embryology Act 2008
  2. 2 Whether the application for a parental order made out of time can be allowed
  3. 3 Whether the applicants satisfy the domicile requirement under section 54(4)(b)

Ratio Decidendi

The court dispensed with the consent of the surrogate and her husband as they could not be found, all reasonable and proportionate steps having been taken. The application for a parental order, though out of time, was allowed as strict compliance would be contrary to the child's welfare. The applicant EF was found to have acquired a domicile of choice in the UK. All statutory criteria for a parental order were satisfied and the order was made in QR's best interests.

Court Disposition

Parental order granted

Orders

  • Parental order made in respect of QR to the applicants
  • Payments made to Dr ZJ and the surrogate retrospectively authorised