Latest News:

Our offices will be closed between 24th December & 2nd January Inclusive.


Out of hours:

Jemma Dally, Head of our Adoption, Surrogacy and Fertility team, acted for the applicant step-father in the reported case of – AB v CD [2018] EWHC 1590. A link to the judgment can be found below.

In summary the case concerned two children GH and IJ who were born as a result of a surrogacy agreement. The children’s biological parents were the first and second respondent, CD and EF, and the surrogate was KV and the surrogate’s husband, HV.

The children were born in 2010 and were handed over to CD and EF. The surrogate and her husband retained no role in the children’s lives following their birth and CD and EF were the children’s primary carers. CD and EF remained married for 4 years after the children’s birth but later divorced. The children continued to live with CD and had limited contact with EF. CD later began a relationship with AB.

The Court acknowledged that in law the legal parents of the children were the surrogate and her husband. The main focus for the Court was that a paternal order – which has the transformative effect of re-assigning legal parenthood – was not available to the CD and EF in these circumstances as they were no longer married and, were not living as partners in an enduring family relationship.

Mr Justice Keehan noted at paragraph 74 of the judgment that “the absurdity of the law [in] not recognising the first and second respondent as the mother and father of these children is plain”

The Judge further stressed his extreme frustration at being prevented from making parental orders which would reflect surrogacy agreement and the intended parenthood of GH and IJ. Whilst the Judge was able to make orders recognising the living arrangements of the children these were deemed to “fall very far short of the transformative effect of a parental order” (paragraph 76).

This judgement provides valuable insight into the issues with the current legal framework for parental orders.

Tom Trim (Trainee Solicitor)

Are you looking for a leading Family Law Firm to represent you?

Get in touch with our team for expert legal advice and assistance you can trust.
Give us a call or request a call back.

Related Posts

Full Time Paralegal – Domestic Abuse and Children Team. Goodman Ray is an award winning Family Law firm situated in...
Goodman Ray in Top 10 Influential Child’s Public Law Firms in London Business Today have selected a handful of London...
Parental Responsibility – A look into the recent ruling of Re A (Parental Responsibility) Parental Responsibility is an umbrella term...
Clare’s Law: The Domestic Violence Disclosure Scheme The Domestic Violence Disclosure Scheme, more commonly referred to as, Clare’s Law was...
We live in an era where the way in which we live would be unrecognisable 20 years ago. Technology is...
Emotional or psychological abuse and coercive controlling behaviour are forms of domestic abuse. The Domestic Abuse Act 2021* includes emotional...