A (Foreign Surrogacy- Parental Responsibility), Re [2016] EWFC 70 (08 November 2016)

A (Foreign Surrogacy- Parental Responsibility), Re [2016] EWFC 70 (08 November 2016)

The Applicant, as the biological father, cannot acquire parental responsibility through birth registration or parental order due to statutory restrictions, but a Child Arrangements Order is appropriate and in A's welfare interests, granting the Applicant parental responsibility and clarifying his legal status.

Citation
[2016] EWFC 70
Parties
Applicant: F; Respondent: S
Jurisdiction
England and Wales
Judgment Date
08 November 2016
Procedural Posture
Child Arrangements Order Application / Ex Tempore Judgment After Adjourned First Hearing Dispute Resolution Appointment
Outcome
Application granted
Legal Topics
Parental Responsibility, Child Arrangements Order, Surrogacy, International Birth Registration
Family Law Surrogacy Law Parental Responsibility Child Arrangements Order Surrogacy International Birth Registration

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Parties

F

Applicant

S

Respondent

Procedural Posture

Child Arrangements Order Application / Ex Tempore Judgment After Adjourned First Hearing Dispute Resolution Appointment

Legal Issues

  1. 1 Whether the Applicant can acquire parental responsibility for A under UK law
  2. 2 Whether a Child Arrangements Order should be made in favour of the Applicant
  3. 3 Legal effect of foreign birth registration and surrogacy arrangements

Ratio Decidendi

The Applicant, as the biological father, cannot acquire parental responsibility through birth registration or parental order due to statutory restrictions, but a Child Arrangements Order is appropriate and in A's welfare interests, granting the Applicant parental responsibility and clarifying his legal status.

Court Disposition

Application granted

Orders

  • Child Arrangements Order made providing that A lives with the Applicant
  • Restrictions imposed on the exercise of parental responsibility by the Respondent