B (Adoption: Surrogacy and Parental Responsibility) [2018] EWFC 86 (21 November 2018)

B (Adoption: Surrogacy and Parental Responsibility) [2018] EWFC 86 (21 November 2018)

The court held that only an adoption order would secure B's lifelong welfare needs, providing her with legal security and stability with X, the only parent she has known. Z's consent was dispensed with as she did not oppose the adoption and wished to have no further involvement. The court found B was not habitually resident in Ukraine, so X's parental responsibility under Ukrainian law did not subsist in the UK. The statutory requirements for adoption were met, and the welfare checklist supported the order.

Citation
[2018] EWFC 86
Parties
Applicant: X; 1st Respondent: Z; 2nd Respondent: B (by her children's guardian, Jacqueline Roddy)
Jurisdiction
England and Wales
Judgment Date
21 November 2018
Procedural Posture
Adoption Application (family Court) / Final Judgment
Outcome
Adoption order granted in favour of X; consent of Z dispensed with.
Legal Topics
Surrogacy, Adoption Order, Parental Responsibility, Habitual Residence, Dispensing With Consent, Child Welfare, Human Fertilisation and Embryology Act, Hague Convention 1996
Family Law Adoption Law International Private Law Surrogacy Adoption Order Parental Responsibility Habitual Residence Dispensing With Consent +3 more

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Parties

X

Applicant

Z

1st Respondent

B (by her children's guardian, Jacqueline Roddy)

2nd Respondent

Procedural Posture

Adoption Application (family Court) / Final Judgment

Legal Issues

  1. 1 Whether the applicant X should be granted an adoption order for B, a child born via surrogacy in Ukraine
  2. 2 Whether the consent of the surrogate mother Z should be dispensed with under s52(1)(b) Adoption and Children Act 2002
  3. 3 Determination of parental status and responsibility under UK law for a child born abroad via surrogacy

Ratio Decidendi

The court held that only an adoption order would secure B's lifelong welfare needs, providing her with legal security and stability with X, the only parent she has known. Z's consent was dispensed with as she did not oppose the adoption and wished to have no further involvement. The court found B was not habitually resident in Ukraine, so X's parental responsibility under Ukrainian law did not subsist in the UK. The statutory requirements for adoption were met, and the welfare checklist supported the order.

Court Disposition

Adoption order granted in favour of X; consent of Z dispensed with.

Orders

  • Final adoption order made for B in favour of X.
  • Consent of Z (surrogate mother) dispensed with under s52(1)(b) ACA 2002.