Re X (No 2 Surrogacy and Child Arrangements)

Re X (No 2 Surrogacy and Child Arrangements)

The court may make a parental order where the application was jointly made, even if one applicant disengages, provided statutory criteria are met. The child’s home requirement is satisfied by a wide and purposive interpretation, considering the child’s established relationship and ongoing contact with both parents. The six-month time limit is not fatal given the circumstances and Article 8 rights. X’s welfare requires a parental order, confirmation she lives with her father, suspension of contact with the mother due to emotional harm, and severe restriction of the mother’s parental responsibility.

Parties
Applicant: The Father; Applicant: The Mother; Respondent: Mr Z; Respondent: Mrs Z; Respondent: X (A Child by her Children’s Guardian Emma Huntington)
Jurisdiction
England and Wales
Judgment Date
19 March 2025
Procedural Posture
Family / Final Judgment After Substantive Hearing
Outcome
Parental order granted; child arrangements order granted; restrictions on parental responsibility imposed; contact suspended.
Legal Topics
Parental Order, Child Arrangements, Parental Responsibility, Domestic Abuse, Emotional Harm, Identity Rights
Family Law Child Law Surrogacy Parental Order Child Arrangements Parental Responsibility Domestic Abuse Emotional Harm +1 more

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Parties

The Father

Applicant

The Mother

Applicant

Mr Z

Respondent

Mrs Z

Respondent

X (A Child by her Children’s Guardian Emma Huntington)

Respondent

Procedural Posture

Family / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether a parental order can be made when one applicant disengages from proceedings
  2. 2 Whether the statutory criteria under s54 Human Fertilisation and Embryology Act 2008 are met
  3. 3 Whether the child’s home is with both parents for purposes of s54(4)(a)

Ratio Decidendi

The court may make a parental order where the application was jointly made, even if one applicant disengages, provided statutory criteria are met. The child’s home requirement is satisfied by a wide and purposive interpretation, considering the child’s established relationship and ongoing contact with both parents. The six-month time limit is not fatal given the circumstances and Article 8 rights. X’s welfare requires a parental order, confirmation she lives with her father, suspension of contact with the mother due to emotional harm, and severe restriction of the mother’s parental responsibility.

Court Disposition

Parental order granted; child arrangements order granted; restrictions on parental responsibility imposed; contact suspended.

Orders

  • Parental order made in favour of both parents
  • Child arrangements order: X lives with her father