N (Surrogacy: Enduring Family Relationship; Child's Home)

N (Surrogacy: Enduring Family Relationship; Child's Home)

The applicants were in an enduring family relationship at the time of the application, and the child’s home was with them at all relevant times; all statutory criteria under s54 HFEA 2008 were met, and making a parental order would best serve the child’s lifelong welfare needs.

Parties
Applicant: K; Applicant: L; Respondent: P; Respondent: Q; Child (by Guardian Ms Teresa Julian): N
Jurisdiction
England and Wales
Judgment Date
07 February 2019
Procedural Posture
Family / Final Judgment
Outcome
Parental order granted; child arrangement order approved.
Legal Topics
Parental Order, Child Arrangement Order, Enduring Family Relationship, Child's Home, Welfare of the Child
Family Law Surrogacy Parental Order Child Arrangement Order Enduring Family Relationship Child's Home Welfare of the Child

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Parties

K

Applicant

L

Applicant

P

Respondent

Q

Respondent

N

Child (by Guardian Ms Teresa Julian)

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether applicants were in an enduring family relationship at the relevant time under s54(2) HFEA 2008
  2. 2 Whether the child’s home was with the applicants at the relevant times under s54(4)(a) HFEA 2008
  3. 3 Whether making a parental order meets the lifelong welfare interests of the child

Ratio Decidendi

The applicants were in an enduring family relationship at the time of the application, and the child’s home was with them at all relevant times; all statutory criteria under s54 HFEA 2008 were met, and making a parental order would best serve the child’s lifelong welfare needs.

Court Disposition

Parental order granted; child arrangement order approved.

Orders

  • Parental order made in favour of K and L.
  • Child arrangement order approved, dividing N’s time between K and L.