JP v LP & Ors (Rev 1)

JP v LP & Ors (Rev 1)

Given the statutory bar to a parental order due to the lapse of the 6-month time limit, and the inadequacy of adoption or special guardianship in these circumstances, the court approved a structure involving wardship, a shared residence order, and restrictions on the surrogate mother's exercise of parental responsibility to secure the child's welfare and the applicant's parental role.

Parties
Applicant: JP; 1st Respondent: LP; 2nd Respondent: SP; 3rd Respondent: CP (by the child’s Guardian)
Jurisdiction
England and Wales
Judgment Date
05 March 2014
Procedural Posture
Family / Judgment After Hearing on Applications Under S8 Children Act 1989 and Inherent Jurisdiction
Outcome
Consent order approved; child made a ward of court; shared residence order between applicant and father; surrogate mother prohibited from exercising parental responsibility without leave of court.
Legal Topics
Parental Responsibility, Surrogacy Arrangements, Residence Orders, Parental Orders, Adoption, Wardship
Family Law Child Law Surrogacy Parental Responsibility Surrogacy Arrangements Residence Orders Parental Orders Adoption +1 more

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Parties

JP

Applicant

LP

1st Respondent

SP

2nd Respondent

CP (by the child’s Guardian)

3rd Respondent

Procedural Posture

Family / Judgment After Hearing on Applications Under S8 Children Act 1989 and Inherent Jurisdiction

Legal Issues

  1. 1 Legal status and parental responsibility in informal surrogacy arrangements
  2. 2 Effect of failure to obtain a parental order within statutory time limits
  3. 3 Appropriate legal mechanisms to secure the child's welfare and parental roles

Ratio Decidendi

Given the statutory bar to a parental order due to the lapse of the 6-month time limit, and the inadequacy of adoption or special guardianship in these circumstances, the court approved a structure involving wardship, a shared residence order, and restrictions on the surrogate mother's exercise of parental responsibility to secure the child's welfare and the applicant's parental role.

Court Disposition

Consent order approved; child made a ward of court; shared residence order between applicant and father; surrogate mother prohibited from exercising parental responsibility without leave of court.

Orders

  • CP to remain a ward of court until further order
  • Shared residence order between mother and father