Men can be surrogate twins’ legal parents after relationship questioned

By The Press Association20th July 2016News EnglandAdoption, Child Protection, Childrens Services, Families, Foster Care, News England

Two men have won a family court fight to be the legal parents of surrogate twins after a specialist social worker raised concerns about their relationship.

Questions were asked because their relationship began after one of the men had entered into an agreement with a surrogate mother.

A member of staff at the Children and Family Court Advisory and Support Service (Cafcass) – a social work organisation set up to represent children involved in family court cases – had “expressed reservations” about whether the men were in an “enduring family relationship”.

But a High Court judge has ruled that the men should become the twins’ legal parents.

Ms Justice Russell, who is based in the Family Division of the High Court, concluded that the men were a “couple” and had an “enduring family relationship”.

Details of the case have emerged in a ruling by the judge following a family court hearing in London. She said the twins were about 18 months old – but she said no-one involved could be identified.

Ms Justice Russell said in her ruling: “An experienced member of the Cafcass High Court team had expressed reservations about the relationship of the (men) and whether it was, in fact, an enduring family relationship.

“On the facts of this case I conclude that (they) are a couple and part of a family and that theirs is an enduring family relationship.”

She added: “(They) have a relationship with the children as their parents – (one) is their biological as well as their physiological and emotional parent – and it is necessary to make the parental orders to give legal effect and recognition to the children’s identities.”