M v F & SM (Human Fertilisation and Embryology Act 2008)

M v F & SM (Human Fertilisation and Embryology Act 2008)

The court cannot grant a parental order to a single applicant under current law. Continuation of wardship and care/control to the applicant is in the child's best interests pending legislative change.

Parties
Applicant: M; 1st Respondent: F; 2nd Respondent: SM; 3rd Respondent: A (by his Guardian)
Jurisdiction
England and Wales
Judgment Date
23 August 2017
Procedural Posture
Family / Judgment
Outcome
Wardship and care/control of child continued in favour of applicant; parental order application stayed pending legislative change.
Legal Topics
Parental Orders, Wardship, Legal Parentage, Human Fertilisation and Embryology Act
Family Law Surrogacy Parental Orders Wardship Legal Parentage Human Fertilisation and Embryology Act

Case Brief

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Parties

M

Applicant

F

1st Respondent

SM

2nd Respondent

A (by his Guardian)

3rd Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether a single applicant can obtain a parental order under s.54 of the Human Fertilisation and Embryology Act 2008
  2. 2 Legal status and welfare of a child born via gestational surrogacy
  3. 3 Appropriateness of wardship and care/control orders in absence of parental order

Ratio Decidendi

The court cannot grant a parental order to a single applicant under current law. Continuation of wardship and care/control to the applicant is in the child's best interests pending legislative change.

Court Disposition

Wardship and care/control of child continued in favour of applicant; parental order application stayed pending legislative change.

Orders

  • A remains a Ward of Court.
  • Care and control of A granted to applicant.