The Law Reports (Family Division)
[2017] Fam 25
In re Z (A Child) (Surrogate Father: Parental Order) (No 2)
[2016] EWHC 1191 (Fam)
2016 May 16;
20
Sir James Munby P
Children— Orders with respect to children— Parental order— Father sole applicant for parental order in respect of child born to surrogate mother— Statute precluding father from obtaining order on sole ground of single person status— Whether discrimination against single persons in enjoyment of Convention right to respect for family life— Whether legislation incompatible with Convention rights— Whether declaration of incompatibility to be granted—
Human Rights Act 1998 (c 42), s 4, Sch 1, Pt I, arts 8, 14
—
Human Fertilisation and Embryology Act 2008 (c 22), s 54
Human rights— Breach of Convention rights— Remedy— Court declaring statutory provision incompatible with Convention rights— Whether court to express view as to how incompatibility might be remedied— Whether appropriate for court to recommend that Secretary of State be invited to exercise his power to remedy—
Human Rights Act 1998 , s 10(2)