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(Family Division, Hedley J, 11 May 2012)
The husband and wife separated following birth of their child via a surrogacy arrangement and after parental orders had been made. The child had since been living with wife, and having contact with the husband.
The husband applied for the parental order to be set aside due to procedural flaws. There was evidence that the wife knew the marriage was over during the surrogacy proceedings.
Refusing the application. It was in the best interests of the child that the parental orders remain in place. A parental order had the same status as an adoption order in terms of conferring certainty and clarity.
The Red Book is the acknowledged authority on practice and procedure