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Re X [2020] EWFC 39

Date:11 JUN 2020
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Technical Editor

(Family Court, Theis J, 20 May 2020)

Surrogacy – Parental order – Intended father died before birth

The Family Court held that section 54 of the Human Fertilisation and Embryology Act 2008 could be read down to permit the parental order to be made.

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Neutral Citation Number: [2020] EWFC 39 (Fam)

Case No: ZC19P00834

Sitting at the Royal Courts of Justice

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 20/05/2020



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Mrs Y
1st Applicant

- and -

Mr Y
2nd Applicant

- and -

Mrs Z
1st Respondent

- and -

Mr Z
2nd Respondent

- and -

(through her children’s guardian
Maria Douglas)
3rd Respondent

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Ms Natalie Gamble (instructed by NGA Law) for the 1st & 2nd Applicants
Ms Ruth Cabeza (instructed by Eskinazi & Co Limited) for the 3rd Respondent
Mrs & Mrs Z did not attend the hearing
Ms Melanie Carew (Cafcass Legal) as Advocate to the Court

Hearing dates: 10th March 2020 and 20th May 2020

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Approved Judgment

I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic.



This judgment was delivered in private. The judge has given leave for this version of the judgment to be published. 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.

Covid-19 Protocol: This judgment was handed down by the Judge remotely by circulation to the parties' representatives by email and release to Bailii. The date and time for hand-down is deemed to be 10.30AM on 20th May 2020.

Judgment: Re X [2020] EWFC 39

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