The main issue in this case was over the nature of the parents’ agreement when the child was conceived. The mother stated that they had agreed she would be the main parent, however, the father, who donated the sperm, said the mother had agreed to be the gay couple’s surrogate. In the judgment Ms Justice Russell found that the mother really wanted a baby for herself and this was evidenced by the fact she had secretly named the girl and had her baptised in defiance of a court order.
Ms Justice Russell said that it was in the ‘best interests’ of the girl to live with her father. Ms Justice Russell also referred to the fact that the mother had used ‘stereotypical images and descriptions of gay men’ and has said that they were ‘sexually disloyal to each other’. The Judge also referred to the fact that the mother had publicised her case on Facebook and social media to try and recruit the support of others.
Ms Justice Russell found that the mother’s actions had ‘always been of a woman determined to treat the child as solely her own’ and ruled that the girl living with her father and his partner reflected the reality of her conception and accords with her identity and her ‘place within the family’.
This High Court case was heard earlier this year; however the decision has just been published.
This case is another example of how agreements reached between parents in relation to the children go wrong and cause great distress to the biological parents and their spouses or partners. This is a highly emotional area of family law for the entire family. Our specialist team can advise on applications about what time a child should spend with each parent. Consulting our specialist lawyers is a great first step, we can talk you through options, and help you to decide what the right decision for your situation is. Please contact us on 0161 927 3118 for a free 20 minute consultation.