F v S

F v S

The applicant is entitled to a Child Arrangements Order granting parental responsibility because UK law does not allow him to acquire parental responsibility by birth registration or parental order in this international surrogacy context, and the welfare of the child is best served by the applicant having parental responsibility.

Parties
Applicant: F; Respondent: S
Jurisdiction
England and Wales
Judgment Date
08 November 2016
Procedural Posture
Child Arrangements Order / Judgment
Outcome
Child Arrangements Order granted
Legal Topics
Surrogacy, Parental Responsibility, Child Arrangements, International Birth Registration
Family Law Surrogacy Parental Responsibility Child Arrangements International Birth Registration

Case Brief

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Parties

F

Applicant

S

Respondent

Procedural Posture

Child Arrangements Order / Judgment

Legal Issues

  1. 1 Whether the applicant can acquire parental responsibility for a child born via foreign surrogacy
  2. 2 Legal status of the surrogate mother and biological father under UK law
  3. 3 Applicability of parental order and adoption in international surrogacy cases

Ratio Decidendi

The applicant is entitled to a Child Arrangements Order granting parental responsibility because UK law does not allow him to acquire parental responsibility by birth registration or parental order in this international surrogacy context, and the welfare of the child is best served by the applicant having parental responsibility.

Court Disposition

Child Arrangements Order granted

Orders

  • A lives with the applicant
  • Restrictions imposed on the exercise of parental responsibility by the respondent