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England and Wales decisions
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Mr J is not the legal father of A and B because conception occurred in an unlicensed overseas clinic using donor sperm, and statutory criteria for legal parentage are not met. Determining the application is not contrary to the children's best interests or public policy.
Source excerpt
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 responsibi…
Source excerpt
X v Y [2024] EWFC 42 (B) (19 January 2024)
The Family Court held that a 6-year-old child should be told the identity of his biological father, with professional support, and ordered a s37 direction.
The Family Court held that two adult adoptees could obtain declarations of parentage for their biological fathers, without affecting the validity of their adoptions.
E, Re (Re Family Law Act 1986, s.55A) [2022] EWFC 180 (25 January 2022)
The Family Court granted E a declaration that D was her birth father under s.55A of the Family Law Act 1986, relying on DNA and supporting evidence.
AX v BX & Ors (Revocation of Adoption Order) (Rev 1) [2021] EWHC 1121 (Fam) (23 April 2021)
The High Court revoked adoption orders for two siblings after their adoptive placement permanently broke down and they had returned to their natural family.
The High Court granted a parental order after one commissioning parent died, holding the statute could be read to permit the order and authorising the surrogate payments.
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