Case No. ZC22P00521

it is possible for the court to consider applications made after the six month limit. In this case there will be no prejudice to any third party if the application is permitted to proceed. If it isn’t permitted there will be significant prejudice to G and the applicants, as they would be denied the opportunity to secure an order that has a fundamental impact on the child’s identity, namely who he is and who his parents are. There is no suggestion in this case of any abuse of public policy and there was no untoward delay once the applicants became aware such an application was required.27.The application should be permitted to proceed.Child’s home with the applicants28.S 54 (4) (a) requires ‘At the time of the application and of the making of the order (a) the child’s home must be with the applicants…’. There have been a number of cases that have considered situations where a child was not living with both the applicants in one home either at the date of the making of the application or the date of the order, or both. Ms Gamble has very helpfully summarised them as follows:(1)Following the applicants separating - In Re X (a child) (surrogacy; time limit) [2014] EWHC 3135 the intended parents were separated and living in separate homes. Munby P ruled that [paragraph 67]: “X had his home with the commissioning parents, with both of them, albeit they lived in separate houses. He plainly did not have his home with anyone else.” This rationale was subsequently followed in