W & Anor v Y & Anor [2021] EWFC 119 (16 July 2021)

W & Anor v Y & Anor [2021] EWFC 119 (16 July 2021)

The applicants, though in a platonic relationship, have demonstrated an enduring family relationship as required by section 54(2)(c) of the Human Fertilisation and Embryology Act 2008. All statutory criteria are met, including domicile, consent, and payments. No public policy concerns prevent the making of a...

Source-derived case information.

Citation
[2021] EWFC 119
Parties
Applicant: W; Applicant: X; Respondent: Y; Respondent: Z, the child (via Children's Guardian, Ms Doyle)
Jurisdiction
England and Wales
Judgment Date
16 July 2021
Procedural Posture
Parental Order Application (family Court) / Final Hearing and Judgment
Outcome
Parental order granted
Legal Topics
Parental Orders, Surrogacy Arrangements, Enduring Family Relationship, Consent to Parental Order, Public Policy in Surrogacy, Child Welfare
Family Law Surrogacy Parental Orders Surrogacy Arrangements Enduring Family Relationship Consent to Parental Order Public Policy in Surrogacy Child Welfare

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Parties

W

Applicant

X

Applicant

Y

Respondent

Z, the child (via Children's Guardian, Ms Doyle)

Respondent

Procedural Posture

Parental Order Application (family Court) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether applicants in a platonic relationship satisfy the 'enduring family relationship' requirement under section 54(2)(c) of the Human Fertilisation and Embryology Act 2008
  2. 2 Whether any public policy issues prevent the making of a parental order
  3. 3 Whether all statutory criteria for a parental order are met, including domicile, consent, and payments

Ratio Decidendi

The applicants, though in a platonic relationship, have demonstrated an enduring family relationship as required by section 54(2)(c) of the Human Fertilisation and Embryology Act 2008. All statutory criteria are met, including domicile, consent, and payments. No public policy concerns prevent the making of a parental order. The welfare of the child requires the order to be made.

Court Disposition

Parental order granted

Orders

  • A parental order is made in favour of W and X in respect of Z.
  • The parental responsibility of the surrogate mother is extinguished.