Section 54 Human Fertilisation and Embryology Act 2008 (HFEA 2008)
14.Before the court can consider whether G’s lifelong welfare needs require the court to make a parental order, it is necessary to consider whether the relevant criteria under s54 are met.15.Some of the criteria are readily established. G was carried by Ms B and DNA evidence establishes that Mr Y is his biological father (s54(1)). Mr Y and Mr X are both over 18 years (s54(5)) and Ms B has given her consent to the making of a parental order freely, unconditionally and with full understanding (s54 (6),(7)) and she has been notified of this hearing. Finally, the payments that have been made to Ms B other than for expenses reasonably incurred ($25,000) can in the circumstances of this case be authorised as they are not disproportionate to the expenses, this was a voluntary arms-length agreement where all parties had access to legal advice and there is no suggestion any party acted other that in good faith.16.The criteria that require closer scrutiny are:(1)Whether the applicants are living as partners in an enduring family relationship (s54(2)).(2)Whether the court should permit the application to proceed as it was made more than six months after the birth of G (s54(3).(3)Whether G had his home with the applicants at the time when the applications was made and when the court is considering making the parental order (s54(4)(a)).(4)If the s54 criteria are met, whether the making of the parental order will safeguard G’s lifelong welfare bearing in mind the circumstances of this case.
- 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
