Introduction
1The court is concerned with an application for a parental order in relation to a young boy Z, now sixteen months of age. The applicants are Mr W and Ms X. The first respondent is Ms Y. She is the gestational surrogate who carried Z, following a surrogacy agreement entered into between the parties on 18 June 2019 through the New Life Surrogacy Agency (the Agency), which is in based in Tbilisi, Georgia. 2As a result of orders made previously by this court, Z was joined as a party to these proceedings, and is represented by Cafcass Legal through his Children's Guardian, Ms Doyle.3The central issues the court is concerned with at this hearing is the focus on two particular matters in relation to the section 54 criteria. Firstly, whether the applicants who are in a platonic relationship, satisfy the requirement in section 54(2)(c) that they are two persons who are living as partners in an enduring family relationship and secondly, whether there are any particular features of this case that raise public policy issues, such that would prevent the court making a parental order.4It is clear that this application has taken some time to each a final hearing, but as Ms Stanley pointed out during submissions at this hearing, it is extremely important for the parental order reporter appointed in cases such as this (including when her role changes to become the Children's Guardian) and for the court to carefully consider these applications. By their very nature, they affect the fundamental legal status and relationship in a life-long way between Z and the applicants. Therefore, it is critically important that if the court considers that further inquiries are needed, or further information is required to be put before the court, those steps should be taken.
