JMW’s family law solicitors represented a mother whose child had been born via surrogacy to secure parental responsibility alongside the father, from whom she was separated.

The Case

We acted on behalf of a mother (M) who was applying for a parental order in respect of her biological son. The mother and father’s gametes had been used to create an embryo that was then implanted in the surrogate, but the mother and father then separated during the pregnancy. Once the child was born, he was immediately placed in our client’s care, as the surrogate was the friend of a family member and had no wish to be involved in the child’s upbringing.

M had previously made an application for a parental order as a single applicant, but at the time, the law did not allow for single parent applications. By the time the law changed in 2018 to allow applications by single parents, our client had agreed to make a joint application for a parental order with the father, despite their separation.

However, there were several potential challenges to be overcome. For a parental order to be granted, certain statutory criteria must be met. These include that the application must be made within a six-month time limit, the applicants must be living as partners in an enduring family relationship, and the child’s home must be with the applicants. M’s application was being made out of time, she was no longer in a relationship with the child’s father, and the child was only having indirect contact with the father. The court would be forced to consider whether the child had a “home” with both applicants and whether granting parental responsibility would be in the child’s best interests.

How Did JMW Help?

The client had instructed JMW in relation to her initial application for a parental order and knew first-hand that, with our team’s experience in this area, we had the right expertise to guide her through this process. She recognised that we would robustly pursue her application and secure the best possible outcome for her and her child.

JMW represented M throughout the proceedings by drafting the application, preparing statements and briefing Counsel for the hearing. As well as providing our client with expert legal advice, we were also there to support her when the process felt particularly stressful or draining.

We helped M overcome the challenges posed by the statutory criteria by preparing robust submissions to the court in respect of her application. We considered previous case law and looked at the way the courts had interpreted cases with similar themes to that of our client’s case. We built an extremely strong case in our client’s favour and asked the court to consider the purpose of the legislation along with the rights of our client and her child.

The Outcome

The court considered the arguments JMW had put forward on behalf of our client, and the judge remarked that he had found the submissions invaluable in coming to a decision in relation to the application. The court decided that the parental order should be made in favour of our client and the child’s father.

JMW had been there for the client from the very start of proceedings, and we did not once lose sight of what was important for M and what was in the best interests of her child. We fought tirelessly to obtain the order for our client, to protect the rights of her and her child and to ensure their relationship was properly recognised in law.

Our client was delighted that she now had an order in law which recognised her as her son’s parent. The effect of this for both our client and her child was transformative and would be fundamental to their identity and status for the rest of their lives.

You can read the full judgment here: A (A Child : Surrogacy: S.54 Criteria) [2020] EWHC 1426 (Fam) (18 June 2020).