Case number and/or case name
CC v DD [2014] EWHC 1307 (Fam)
Details of the court
England and Wales, First Instance
Articles referred to by the court
Brussels IIa
Article 1
Paragraph 3
SubParagraph a
Paragraph 3
SubParagraph b
Date of the judgement
14 February 2014
CJEU's case law cited by the court
Summary
The proceedings were in relation to a 1-year old boy.
The court had to consider the legal complexity in relation to surrogacy arrangements. An important preliminary issue was whether the proceedings were in the scope of Brussels IIa. Mrs Justice Theis held:
“21 […] while orders which transfer legal parentage following a surrogacy arrangement are not referred to explicitly in any part of Brussels II revised ( Council Regulation (EC) No 2201/2003 ) such orders must fall within the Article 1(3) of Brussels II revised which explicitly excludes matters related to the establishment of parentage and adoption.” [21]