H (Surrogacy: Step-parent adoption), Re

This judgment was handed down remotely at 10.00am on 28 th November 2023 by circulation to the parties or their representatives by e-mail and by release to the National Archives.

                  Although it is accepted E and L could apply for and satisfy the criteria under s 54 Human Fertilisation and Embryology Act 2008 (HFEA 2008) for the court to make a parental order, they seek to secure the legal parent status for E through a step-parent adoption. The application for a step-parent adoption is supported by L, R, H's Children's Guardian and the local authority, through its adoption agency.

                  The court is extremely grateful to Mr Powell and his instructing solicitor, Mr Spearman. They are representing E pro bono. E, the other parties and the court have greatly benefited from their expertise in this area. Their written and oral submissions set out with admirable clarity the issues in this case and I have no doubt their support in this case has been significant for this family.

                  L is in his 40s and E is in his 50s, were both born in Argentina. E has lived in the UK since 1993, and L since 2005 and they are both British Citizens. E also has Italian citizenship.

                  The applicants have been in a relationship since 2000, they had a civil union in Argentina on 9 December 2004 and entered into a civil partnership in this jurisdiction in 2021. They have both lived together in this jurisdiction since 2002 and both acquired British citizenship in 2010.