Log on
Browse content

M v F & SM (Human Fertilisation and Embryology Act 2008) [2017] EWHC 2176 (Fam)

Legal Materials Copyright Statement & Disclaimer

In a tweet: M's application for a parental order was stayed until the Government changes the law

  • In brief: M and F were the biological parents of a child born via a surrogacy arrangement. SM and F were the child's legal parents. Whilst SM had been pregnant with the child, M and F's relationship broke down. F, despite being the child's only biological and legal parent, wanted no involvement. When the child was born, SM surrendered care to M and supported M in becoming the child's legal parent.  

    s.54(1) and (2) Human Fertilisation and Embryology Act 2008 prevented M, as a single person, from applying for a parental order. Mr Justice Keehan referred to Re Z (a child) (no 2) [2016] EWHC 1191 (Fam) where the President had made a declaration of incompatibility and the fact that the Government was taking steps to address the problem. However, in the meantime, M's application would have to be stayed until the law changed and the current wardship arrangements would have to continue, granting care and control of the child to M.

Published: 29/09/2017

Bookmark this item


Copyright in the original legal material published on the Family Law Hub is vested in Mills & Reeve LLP (as per date of publication shown on screen) unless indicated otherwise.


The Family Law Hub website relates to the legal position in England Wales and all of the material within it has been prepared with the aim of providing key information only and does not constitute legal advice in relation to any particular situation. While Mills & Reeve LLP aims to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. You therefore acknowledge and agree that Mills & Reeve LLP and its members and employees accept no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our website except to the extent that such liability cannot be excluded by law.