Top judge tears up law to identify Birmingham couple as surrogate baby’s parents

A Birmingham couple have been declared a surrogate babys legal parents after the countrys top judge effectively rewrote the law to help them.

President of the High Court Family Division, Sir James Munby, allowed the boy, now almost three, to be legally recognised as their son.

The boy referred to only as X was born in India in December 2011 to a surrogate.

But the city couple for whom he was intended had no idea they had no parental rights under English law when they returned to Britain with him.

The child was made a ward of court and the surrogate and her husband remained his legally-recognised parents.

But the Birmingham couples anguish was ended today.

Sir James waived the six-month time restriction within which parental order bids must be made under the Human Fertilisation and Embryology Act 2008.

In a ruling of considerable public importance, he said the boys best interests demanded he formed part of a lawful family.

He told the court: Can Parliament really have intended the gate should be barred forever if the application for a parental order is lodged even one day late?

That is very antithesis of sensible; it is almost nonsensical."

View post:
Top judge tears up law to identify Birmingham couple as surrogate baby's parents