X, Re (No 1: Leave to Apply for a section 8 order) [2015] EWFC 83 (30 March 2015)

X, Re (No 1: Leave to Apply for a section 8 order) [2015] EWFC 83 (30 March 2015)

Leave to apply for a child arrangements order is granted because the applicant has a genuine connection with the child, has made realistic concessions regarding his role, the risk of disruption is not sufficient to cause harm, and the child's welfare is better served by resolving the issue of the applicant's future role.

Citation
[2015] EWFC 83
Parties
Applicant: JK; Respondent: HS; Respondent: KS
Jurisdiction
England and Wales
Judgment Date
30 March 2015
Procedural Posture
Family Law Child Arrangements and Parental Responsibility / Application for Leave to Apply for Child Arrangements Order
Outcome
Leave to apply for a child arrangements order granted.
Legal Topics
Parental Responsibility, Child Arrangements, Artificial Insemination, Legal Parenthood, Known Sperm Donor Rights
Family Law Child Law Parental Responsibility Child Arrangements Artificial Insemination Legal Parenthood Known Sperm Donor Rights

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Parties

JK

Applicant

HS

Respondent

KS

Respondent

Procedural Posture

Family Law Child Arrangements and Parental Responsibility / Application for Leave to Apply for Child Arrangements Order

Legal Issues

  1. 1 Whether a known sperm donor who is not a legal parent should be granted leave to apply for a child arrangements order under s.8 Children Act 1989
  2. 2 Whether granting leave would risk disrupting the child's life to the extent of harm
  3. 3 The relevance of the applicant's connection with the child and public policy under the Human Fertilisation and Embryology Act 2008

Ratio Decidendi

Leave to apply for a child arrangements order is granted because the applicant has a genuine connection with the child, has made realistic concessions regarding his role, the risk of disruption is not sufficient to cause harm, and the child's welfare is better served by resolving the issue of the applicant's future role.

Court Disposition

Leave to apply for a child arrangements order granted.

Orders

  • Applicant JK is granted leave to apply for a child arrangements order in respect of X.