Welfare
33.The s 54 criteria having been met it is necessary for the court to consider whether G’s lifelong welfare needs will be met by the court making a parental order. In doing so the court needs to have regard to the welfare checklist set out in s 1 (4) Adoption and Children Act 2002.34.For the preparation of his report Mr Verity undertook a number of interviews with the parties and others who he considered relevant. He met the applicants initially by video and then in person shortly afterwards. On a separate occasion he observed them both with G and then later that same day he observed Mr X at home with Mrs X and G. He was able to have a conversation in private with Mrs X that day. He spoke with Ms B by video link and more recently had further conversations with the applicants together and separately.35.As a result of those extensive enquiries the court can have considerable confidence in his insightful and perceptive welfare analysis in his report. The relevant parts include the following:“[G] is too young to be aware of this application or to express his view about the decision the Court needs to make for him. In my view he will have developed a secure attachment to both [Mr Y] and [Mr X] (and to [Mrs X]), who have separately and together cared for him for all his life, and so would wish that shared care to remain in place.”A little later in his report he states“[G’s] needs are those of any other child of a similar age. He needs to be cared for in a nurturing, stable and safe environment where his emotional, physical and educational needs are met consistently by the important adults in his life. He needs to be encouraged to live a healthy lifestyle, should receive adequate and appropriate stimulation and be surrounded by unconditional love and acceptance with clear and consistent parental boundaries. [Mr X] and [Mr Y] have demonstrated that thus far they have been able to meet these requirements well given that [G] has moved to and from between two homes in two countries. They share the values of parenting.” Concluding“[G] has in my opinion been receiving a good standard of practical and emotional care, and all of his needs are in my view being met to as good a standard as can be achieved given the rather complex circumstances….they [Mr X and Mr Y] have been consistent and particular in ensuring that they co-parent which I expect [G] will have sensed, and so are likely to continue to do so….[Mrs X] has been content for her husband to maintain his relationship with [Mr Y] and for the two males to continue to raise [G] together, supporting them where needed.”.36.G has the advantage in this case of a wider loving family, including Ms B who carried him and Ms C who has a genetic connection to him. The most recent statement from the applicants describes how G’s relationship with the wider family has developed and the transparency within both wider families about G’s own background. This openness will provide a solid foundation for G, as he starts to navigate his own genetic and gestational background.37.The making of a parental order in this case will provide the secure lifelong benefits that a legal parental relationship provides, recognising and affirming the arrangements within a legal framework that spreads wider than the applicants and secures the wider family relationships. In this case Ms B was both G’s birth mother and his aunt. Following the making of a parental order she will remain his aunt, which more accurately reflects the relationship they have going forward, although not changing the factual background. Ms C will become G’s cousin in the event of a parental order being made, again supporting the relationship going forward without detracting from her role in G’s past.38.Having considered the evidence from the applicants and Mr Verity’s detailed assessment in my judgment making a parental order will secure G’s lifelong welfare needs by conferring joint and equal legal parenthood and parental responsibility upon the applicants who are and always have been regarded by G as his parents. In addition, a parental order will secure the legal relationships with the wider family which, in the circumstances of this case, will help reflect G’s own particular and unique background.
- 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
