X (A Child) (Surrogacy: Time Limit)

X (A Child) (Surrogacy: Time Limit)

Section 54(3) of the Human Fertilisation and Embryology Act 2008 does not bar the court from making a parental order merely because the application is made after the six-month period; the statute must be interpreted in light of its purpose, the child's welfare, and Convention rights, allowing late applications where necessary to avoid impairing the essence of protected rights.

Parties
Child: X (A Child); Commissioning Father: B; Commissioning Mother: P; Surrogate Mother: G; Surrogate Father: R
Jurisdiction
England and Wales
Judgment Date
03 October 2014
Procedural Posture
Family / Final Judgment
Outcome
Parental order granted; wardship and previous orders discharged.
Legal Topics
Parental Orders, Time Limits, Human Rights, Statutory Interpretation, Child Identity
Family Law Surrogacy Child Welfare Parental Orders Time Limits Human Rights Statutory Interpretation Child Identity

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Parties

X (A Child)

Child

B

Commissioning Father

P

Commissioning Mother

G

Surrogate Mother

R

Surrogate Father

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether the court has jurisdiction to make a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 if the application is made after the statutory six-month time limit
  2. 2 Whether section 54(3) is absolute or can be 'read down' to allow late applications
  3. 3 Whether payments made in the surrogacy arrangement fall foul of section 54(8) and can be retrospectively authorised

Ratio Decidendi

Section 54(3) of the Human Fertilisation and Embryology Act 2008 does not bar the court from making a parental order merely because the application is made after the six-month period; the statute must be interpreted in light of its purpose, the child's welfare, and Convention rights, allowing late applications where necessary to avoid impairing the essence of protected rights.

Court Disposition

Parental order granted; wardship and previous orders discharged.

Orders

  • Parental order made in favour of commissioning parents
  • Wardship and all previous orders discharged