Z (Surrogacy: Step-parent Adoption), Re
[2024] EWFC 20
N (Adoption – Surrogacy), Re
29 February 2024
[2024] EWFC 41
Family Court
A couple raised a child born through a surrogacy arrangement. Although the legal parents didn't want to give up their rights, the child and the couple raising them wanted the legal relationship formally recognized through adoption. The court agreed, prioritizing the child's well-being and wishes.
Key Facts
- •Mr and Mrs J applied for adoption of N (18 years old), born from a surrogacy arrangement with Mr and Mrs P.
- •Mr and Mrs P are N's legal parents under the HFEA 2008, but Mr and Mrs J have cared for N since 2007 following a court order.
- •N supports the adoption application, while Mr and Mrs P oppose it.
- •Previous litigation revealed Mr and Mrs P's deceit in the surrogacy arrangement.
- •There has been limited contact between N and Mr and Mrs P since 2021.
- •The court considered whether N's welfare requires dispensing with Mr and Mrs P's consent under s52(1)(b) ACA 2002.
Legal Principles
The child's welfare is paramount in adoption proceedings.
Adoption and Children Act 2002 (ACA 2002), s1(4)
The court must consider the child's wishes and feelings, their needs, and the likely effects of the adoption on their life.
ACA 2002, s1(4)
The court can dispense with parental consent if the child's welfare requires it.
ACA 2002, s52(1)(b)
Article 8 ECHR (right to respect for private and family life) is engaged in adoption cases.
European Convention on Human Rights, Article 8
The court must assess the proportionality of any interference with Article 8 rights.
European Convention on Human Rights, Article 8
In surrogacy cases, the court must balance the rights and interests of all parties involved.
Re P (Surrogacy: residence) [2008] 1 FLR 177
Outcomes
The court dispensed with Mr and Mrs P's consent to the adoption.
N's welfare requires the adoption order to be made, given his strong bond with Mr and Mrs J, his wishes, and the limited contact and insight shown by Mr and Mrs P.
Adoption order granted.
The court found that N's lifelong welfare needs were best met by legally recognizing his relationship with Mr and Mrs J, resolving the disconnect between his factual and legal family status, and fulfilling his wishes.