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Family Section

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

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M’s application for a parental order was stayed until the Government changes the law.

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. 

Section 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.  

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