Case No. ZC22P00521

7.Mr Y is 58 years and Mr X 61 years. They were both born in the United States. Mr X married Mrs X in 1986. They wished to have children, but that was not possible.8.Mr and Mrs X separated for about six months in 2007, during that time Mr X met Mr Y. Following a brief intimate relationship, they remained in contact and formed what they describe as a close and loving bond, albeit their relationship was platonic. They discussed having children and decided to proceed with a surrogacy arrangement. This was discussed with and had the support of Mrs X.9.Following further discussions with the wider family Mr Y’s sister, Ms B, agreed to be a gestational surrogate and Mr X’s niece, Ms C, the egg donor. The necessary procedures were undertaken at a fertility clinic in New York and embryos created with Mr Y and Ms C’s gametes. Following an embryo transfer to Ms B the pregnancy was confirmed. G was born, Mr Y was present at the birth, Mr X was present via video calls. Mr X was able to meet G when he was two weeks old. Mrs X was also involved in meeting G. The applicants had not secured a pre-birth order in the State where G was born so only Mr Y’s name is on G’s US birth certificate.10.Following G’s birth he has spent time with both Mr Y and Mr X together and separately in their respective homes. Whilst Mr Y is regarded as the main carer, so Mr X can work and provide financial support, they very much ‘co-parent’, jointly making decisions about G’s day to day and longer term care. Mrs X is clear that whilst she has a close and loving relationship with G she does not seek any legal rights or responsibilities in relation to G.11.Due to G’s age it has been possible to date for him to move between the two homes in different jurisdictions. The plan from next year is that G will be based living in this jurisdiction, Mr Y plans to move here. This is so G can start school here and will live between Mr Y and Mr X’s homes.12.Mr Y and Mr X only recently became aware of the need to apply for a parental order, and promptly made the application the court is dealing with.13.The court has detailed statements from both Mr Y and Mr X and, more recently, a joint statement. Following directions made by this court Mr Verity was appointed the parental order reporter and his detailed report is dated 12 October 2022. Directions made by the court on 14 October 2022 joined G as a party to the proceedings and he is represented by Cafcass Legal, through Mr Verity, his Children’s Guardian.