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A and Anor v C and Anor [2016] EWFC 42
Date:15 AUG 2016
Third slide
Law Reporter
(Family Court, Theis J, 11 July 2016)

Private law children – Surrogacy – Parental order – Applications in respect of 13 and 12-year-old children

Parental orders were granted in respect of three children aged 13 and 12.


The children, one aged 13 and twins aged 12, were born as a result of surrogacy arrangements entered into in the USA. The applicants were unaware of the necessity of applying for parental orders and only made applications in March 2016.

Apart from the time limit requirement, all of the criteria under s 54 of the HFEA 2008 were met.

Applying the principles established in Re X [2014] EWHC 3135 (Fam), Theis J was satisfied that no-one would suffer any prejudice if the application was allowed to proceed. However, if the application was refused the applicants and their children were likely to suffer prejudice in being denied the opportunity to secure their legal relationship in this jurisdiction in a way that met the lifelong welfare needs of the children.

The court had to be mindful of the public policy reasons for adhering to the 6-month time limit and the need to not discourage applicants from making prompt applications for parental orders. However, those considerations had to be weight against the welfare of the children. In this instance the balance fell in favour of making the parental orders.




This judgment was delivered in private. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the children and members of their family must be strictly preserved. All persons, including representatives of the media, must ensure that this condition is strictly complied with. Failure to do so will be a contempt of court.

Case No: YO16P00101
Neutral Citation Number: [2016] EWFC 42
IN THE FAMILY COURT
Sitting at the Royal Courts of Justice

Royal Courts of Justice
Strand, London, WC2A 2LL


Date: 11/07/2016

Before:


MRS JUSTICE THEIS DBE


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Between:


A
1st Applicant

- and -

B
2nd Applicant

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C
1st Respondent

- and - 

D
2nd Respondent


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The 1st & 2nd Applicants in Person


Hearing date: 11th July 2016


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Judgment 

A and Anor v C and Anor [2016] EWFC 42.rtf