N (Surrogacy: Enduring Family Relationship; Child's Home) [2019] EWFC 21 (07 February 2019)

N (Surrogacy: Enduring Family Relationship; Child's Home) [2019] EWFC 21 (07 February 2019)

The applicants satisfied the statutory criteria for a parental order under s54 HFEA 2008: they were in an enduring family relationship at the time of application, the child's home was with them at the relevant times, and making the order was in the child's lifelong welfare interests. A purposive interpretation of the statutory requirements was adopted to reflect the reality of the child's life and to protect her welfare and identity.

Citation
[2019] EWFC 21
Parties
Applicant: K; 1st Respondent: L; 2nd Respondent: N (by her children's Guardian Ms Teresa Julian)
Jurisdiction
England and Wales
Judgment Date
07 February 2019
Procedural Posture
Family Law – Parental Order and Child Arrangements / Final Judgment After Hearing
Outcome
Parental order granted; child arrangements order approved.
Legal Topics
Parental Order, Surrogacy, Child Arrangements, Welfare of the Child
Family Law Parental Order Surrogacy Child Arrangements Welfare of the Child

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Parties

K

Applicant

L

1st Respondent

N (by her children's Guardian Ms Teresa Julian)

2nd Respondent

Procedural Posture

Family Law – Parental Order and Child Arrangements / Final Judgment After Hearing

Legal Issues

  1. 1 Whether the applicants were in an enduring family relationship as required by s54(2) HFEA 2008
  2. 2 Whether the child's home was with the applicants at the relevant times as required by s54(4)(a) HFEA 2008
  3. 3 Whether making a parental order meets the lifelong welfare needs of the child

Ratio Decidendi

The applicants satisfied the statutory criteria for a parental order under s54 HFEA 2008: they were in an enduring family relationship at the time of application, the child's home was with them at the relevant times, and making the order was in the child's lifelong welfare interests. A purposive interpretation of the statutory requirements was adopted to reflect the reality of the child's life and to protect her welfare and identity.

Court Disposition

Parental order granted; child arrangements order approved.

Orders

  • A parental order is made in favour of K and L for N.
  • The agreed child arrangements order is approved, setting out the time N will spend with each applicant.