The commissioning father of a child born through a surrogacy agreement made an application for the revocation of a parental order on the grounds that, first, the order had been wrongly made by reason of numerous procedural defects and, secondly, it had been obtained by a concealment by the commissioning mother of a fact – that she was intending to leave him and raise the child as a lone parent – which, if known, would, according to the commissioning father, have resulted in no order being made.
Held: The application was refused. A parental order, like an adoption order, confers a lifelong status and inalienable parental responsibility to the permanent exclusion of those who until then had parental status, and that, there being no statutory power to set aside a parental order, the court considering such an application should therefore be guided by the authorities on revoking adoption orders.
Judges:
Hedley J
Citations:
[2012] EWHC 1979 (Fam), [2013] 1 FLR 286
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – In re X (A Child) (Surrogacy: Time Limit) FD 3-Oct-2014
Extension of Time for Parental Order
The court considered the making of a parental order in respect of a child through surrogacy procedures outside the time limits imposed by the 2008 Act. The child had been born under Indian surrogacy laws. The commissioning parents (now the . .
Lists of cited by and citing cases may be incomplete.
Children
Updated: 05 June 2022; Ref: scu.463337