Introduction
1.This matter concerns an application for a parental order in relation to G, now age 3 years. The applicants are Mr X and Mr Y. They seek a parental order to secure their legal parental relationship with G in this jurisdiction. The respondent to the application is Ms B, the gestational surrogate who carried G. Ms B is Mr Y’s sister.2.Although committed to co-parenting G, Mr X and Mr Y do not live together although they spend a lot of time together. Mr X is married to Mrs X and remains living with her.3.G has been joined as a party to these proceedings and is represented through his Children’s Guardian, Mr Verity, and Ms Jaffar, from Cafcass Legal.4.The court is indebted to Ms Gamble, on behalf of the applicants, and Ms Jaffar, on behalf of G, for their excellent written documents setting out the relevant legal framework and how it should be applied in this case.5.Although the arrangements in this case have been described as unconventional, the court needs to remain focussed on the relevant legal framework and G’s lifelong welfare needs.6.At the conclusion of the hearing the court made a parental order, with reasons to follow. This judgment sets out those reasons.
- Approved Judgment
- Introduction
- Relevant Background
- Section 54 Human Fertilisation and Embryology Act 2008 (HFEA 2008)
- Enduring family relationship
- Timing of the application
- Child’s home with the applicants
- EWHC 3135
- Re DM and LK [2016] EWHC 270 (Fam)
- Re X (a child) (2018) EWFC 15
- Re Z (foreign surrogacy; allocation of work; guidance on parental order reports) (2015) EWFC 90
- A v P (2011) EWHC 1738
- Re X (2020) EWFC 39
- Domicile
- Welfare
