In re Z (A Child) (Surrogate Father: Parental Order) (No 2)

Subject Matter

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

[2016] EWHC 1191 (Fam); [2017] Fam 25; [2016] 3 WLR 1369; [2016] 2 FLR 327; [2016] WLR (D) 278, Fam D

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 (c42), s 10(2)

[2016] EWHC 1191 (Fam); [2017] Fam 25; [2016] 3 WLR 1369; [2016] 2 FLR 327; [2016] WLR (D) 278, Fam D