S v D & E [2013] EWHC 134 (Fam) (31.01.13)

The court considered in detail the provisions of the HFEA 2008 and it’s interrelation with s.10(9) CA 1989 before granting two biological fathers S & T leave to apply for contact orders in respect of children born to two separate lesbian couples in civil partnerships. S’s application for leave to apply for a residence order was refused. The fact that significant contact had occurred between the men and the children was the most important factor in granting the leave application. The court emphasised that the granting of leave did not necessarily mean that substantive orders would follow.