Sitting at the Royal Courts of Justice
Strand, London, WC2A 2LL
B e f o r e :
| Mrs X
|- and –
|- and –
Ms Sharon Segal (instructed by Goodman Ray) for the 3rd Respondent
The 1st and 2nd Respondents did not attend
Hearing date: 22nd March 2022
Judgment: 5th April 2022
HTML VERSION OF JUDGMENT APPROVED
Crown Copyright ©
Mrs Justice Theis DBE :
(1) The biological connection with at least one of the applicants and the child, and the child was not carried by one of the applicants (s54(1)(a) and (b)).
(2) Whether the applicants at the time of the application and at the time when the court is considering making an order are married, civil partners or in an enduring family relationship (s54 (2)).
(3) The application should be made within six months of the child's birth (s54(3)).
(4) At the time of the application and at the time when the court is considering making an order is the child's home with the applicants (s54(4)(a)).
(5) At the time of the application and at the time when the court is considering making an order at least one of the applicants is domiciled in this jurisdiction (s54 (4)(b)).
(6) Whether the applicants are over 18 years (s54 (5)).
(7) Whether the surrogate mother has given her consent, freely and with full understanding, to the making of a parental order at least 6 weeks after the birth of the child (s54 (6) and (7)). If such written agreement is executed outside the United Kingdom rule 13.11(4) Family Procedure Rules 2010 (FPR 2010) provides details of who can witness such agreements, including a notary public.
(8) Whether any payments have been made, other than for expenses reasonably incurred and, if so, do they require to be authorised by the court (s54 (8)).
(1) Everyone has the right to respect for his private and family life, his home and his correspondence.
(2) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or in the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others'.
Article 14 provides that the enjoyment of the rights and freedoms set forth in the Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Discussion and decision