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B (Foreign Surrogacy) [2016] EWFC 77

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In a tweet: Parental order granted following Indian surrogacy arrangement that took place 6 yrs earlier

  • In brief: The child, now aged six, had been born following a commercial surrogacy arrangement in Mumbai. Having delayed making the application, the child's biological parents had issues of service to deal with which were dealt with in a pragmatic way taking into account the particular circumstances of the case. A further complicating factor was that the biological parents, by the time the court was considering their application, had separated. Having heard evidence of the extent of the child's family life with both parents, the court was satisfied that the child did not have her home with anybody else and that family life with both parents existed for her.  

    Unusually, the parents had known at the time of the birth that they would need to apply for a parental order; however, having concerns over costs and that the order might not be granted, they did not make the application. Despite the six year delay, the parental order was granted in what is the first case extending the time limit for making a parental order where the applicants knew they could have applied for the order at the time of the child's birth.

Published: 29/09/2017

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