Parental order for 72-year-old man and deceased wife as parents of 3-year-old boy in Edinburgh sheriff court
Edinburgh sheriff court grants parental order to elderly man and late wife for 3-year-old boy.
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Accident – Death – Obituary News : An Edinburgh sheriff recently made a landmark decision to grant a parental order recognising a 72-year-old man and his late wife as the legal parents of a child born in the USA in 2020 through a surrogacy arrangement. The case, heard in Edinburgh Sheriff Court by Sheriff Wendy A Sheehan, involved a unique set of circumstances that required careful consideration.
The application for the parental order was made by the first petitioner under section 54 of the Human Fertilisation and Embryology Act 2008, three years after the birth of the child, referred to as A. Unfortunately, the second petitioner, the wife of the first petitioner, had passed away in December 2023 after suffering a severe stroke.
The child, A, was born in the State of Oklahoma on 21 August 2020. The first petitioner’s gametes were used in conjunction with those of an American donor to create the embryo carried by a surrogate. The State of Oklahoma issued a birth certificate in October 2020, recognising the petitioners as the child’s legal parents.
Due to travel restrictions imposed by the Covid-19 pandemic, the first petitioner was unable to travel to the USA until July 2021. During this time, A was cared for by a professional nanny who agreed to act as A’s guardian in the event of the first petitioner’s death before A turned 18. A decision was made not to apply for a single-parent order, leading to the need for a guardianship order for the second petitioner, granted by Dundee Sheriff Court in May 2023.
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Upon A’s arrival in Scotland in August 2021, the first petitioner took on the role of primary caregiver. A strong bond had developed between A and the second petitioner during her time in the nursing home, with visits three times a week for 21 months. The first petitioner was described as active and energetic, enrolling A in nursery and exploring options for his secondary education.
The application for the parental order was made past the usual six-month timeframe, but Sheriff Sheehan took a liberal and flexible approach in interpreting the law. She emphasised the importance of recognising A’s genetic relationship with the first petitioner and his emotional bond with both petitioners. The sheriff concluded that granting the parental order was in the best interest of A’s welfare.
In her decision, Sheriff Sheehan highlighted the need for a legal status that mirrored the reality of A’s family situation. By granting the parental order, the sheriff ensured that A’s rights and welfare were protected, providing a legal framework that matched his day-to-day life.
Overall, the case exemplifies the complexities of modern family structures and the need for legal recognition that reflects the evolving nature of parenthood. The sheriff’s decision sets a precedent for similar cases in the future, emphasising the importance of considering the best interests of the child above all else..
– Edinburgh sheriff grants parental order recognising elderly man and deceased spouse as parents of toddler
– Edinburgh sheriff approves parental order acknowledging senior man and late wife as parents of young child.
