M v F & SM (Human Fertilisation and Embryology Act 2008) [2017] EWHC 2176 (Fam) (23 August 2017)

M v F & SM (Human Fertilisation and Embryology Act 2008) [2017] EWHC 2176 (Fam) (23 August 2017)

The court cannot grant a parental order to a single applicant under the current statutory framework. In the absence of such an order, the court must ensure the child's welfare by continuing wardship and granting care and control to the applicant.

Citation
[2017] EWHC 2176 (Fam)
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 Law Surrogacy/parental Order Application / Judgment Following Directions Hearing
Outcome
Wardship and care and control of the child to the applicant continued; no parental order granted due to statutory bar.
Legal Topics
Surrogacy, Parental Orders, Wardship, Legal Parenthood, Human Rights
Family Law Human Fertilisation and Embryology Surrogacy Parental Orders Wardship Legal Parenthood Human Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

M

Applicant

F

1st Respondent

SM

2nd Respondent

A (BY HIS GUARDIAN)

3rd Respondent

Procedural Posture

Family Law Surrogacy/parental Order Application / Judgment Following Directions Hearing

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 Appropriate legal status and care arrangements for a child born via surrogacy where the applicant is a single parent

Ratio Decidendi

The court cannot grant a parental order to a single applicant under the current statutory framework. In the absence of such an order, the court must ensure the child's welfare by continuing wardship and granting care and control to the applicant.

Court Disposition

Wardship and care and control of the child to the applicant continued; no parental order granted due to statutory bar.

Orders

  • Continuation of wardship for the child A
  • Grant of care and control of A to the applicant