G (Declaration of Parentage: Removal of Person Identified as Mother from Birth Certificate) (No 1)

On the balance of probabilities, NG is Naomi's biological father and RB is her gestational mother; AV's registration as mother was incorrect. NG is entitled to a declaration of parentage and parental responsibility. Welfare concerns prevent immediate declaration regarding maternity.

Parties: Applicant: NG; First Respondent: AV; Second Respondent: RB; Child: NV (A CHILD, BY HER GUARDIAN MS RODDY)
Jurisdiction: England and Wales
Judgment Date: 31 July 2018
Procedural Posture: Declaration of Parentage / Judgment
Outcome: Declaration of parentage granted in respect of NG as Naomi's father; further hearing listed for maternity declaration.
Legal Topics: Declaration of Parentage, Birth Registration, Surrogacy, Parental Responsibility

Family Law Child Law Declaration of Parentage Birth Registration Surrogacy Parental Responsibility

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 3

Parties

Applicant

First Respondent

Second Respondent

NV (A CHILD, BY HER GUARDIAN MS RODDY)

Child

Procedural Posture

Declaration of Parentage / Judgment

Legal Issues

1 Whether NG is the biological and legal father of Naomi
2 Whether AV or RB should be registered as Naomi's mother
3 Whether AV's registration as mother was fraudulent

Ratio Decidendi

Court Disposition

Declaration of parentage granted in respect of NG as Naomi's father; further hearing listed for maternity declaration.

Orders

NG declared Naomi's father; birth certificate to be amended; NG to acquire parental responsibility under Section 4 Children Act
Further hearing in September regarding declaration of maternity