Re Z (Foreign Surrogacy)
[2024] EWFC 304
Z (Surrogacy: Step-parent Adoption), Re
30 January 2024
[2024] EWFC 20
Family Court
Two dads (X and Y) and a birth mother (G) had a baby (Z) through surrogacy. Things went wrong, and the dads wanted to adopt Z to become his legal parents, but the birth mom didn't agree. A judge decided that the baby needed to keep a relationship with his birth mother and that this was more important than the adoption. So, the adoption didn't happen, but the judge made sure the baby stayed with his dads and had regular visits with his birth mother. The judge also made an order to try and stop any more arguments in court about the baby.
Key Facts
- •Surrogacy arrangement between same-sex male couple (X and Y) and G resulted in the birth of Z.
- •Parental order initially granted, later set aside on appeal.
- •X applies for step-parent adoption, opposed by G.
- •Contested application regarding contact between Z and G.
- •Z is 3 years old.
Legal Principles
Child's best interests are paramount in child arrangements orders.
Children Act 1989
In step-parent adoption, welfare of the child requires dispensing with parental consent.
Adoption and Children Act 2002
Proportionality is key in step-parent adoption applications, considering interference with family life rights.
Re P (A Child) [2015] 1 FLR 1327
Court may make an order preventing further applications without leave.
Children Act 1989, s 91(14)
Outcomes
Step-parent adoption application dismissed.
Child's welfare does not require dispensing with G's consent; other orders better reflect Z's reality and maintain relationship with G.
Child arrangements order made.
Secures Z's living arrangements with X and Y, and ensures continued contact with G.
Contact order made for four periods of direct contact per year and two periods of indirect contact.
Meets Z's identity needs by facilitating a meaningful relationship with his biological mother.
Order under s 91(14) Children Act 1989 made for 3 years.
Prevents further litigation and encourages relationship repair.