In the case of Z and another v C and another , the court heard an application for a parental order under the Human Fertilisation and Embryology Act 2008. The first issue that was to be determined was whether one of the applicants was domiciled in England and Wales at the time of the application. This was required to ensure that the court had jurisdiction to hear the application.
The two children involved were born in India to a surrogate mother. The applicants were a same sex couple of Israeli origin.
The applicants submitted that their move to the UK was a permanent one and they had severed their ties with Israel. Although they still had some family there they were in the process of selling the property they had owned. Z, the applicant, had moved to the UK in 2008. The court agreed that Z had abandoned his domicile of origin and had established an English domicile as of 2008. Z’s actions were consistent of intending to make England his permanent home. He had therefore been domiciled in England at the time of the application being lodged. The court therefore had jurisdiction to hear the application.
If you would like more information on parental responsibility and matters involving children please contact our Family Law Department on Eastbourne 01323 727321 or Hailsham 01323 841481.