The Family Procedure Rules 2010

Who the parties are E+W

13.3.—(1) An application for a parental order [F1 under section 54 of the 2008 Act] may be made by such of the following who satisfy the conditions set out in section 54(1) of the 2008 Act—

(a) a husband and wife;

(b) civil partners of each other; or

(c) two persons who are living as partners in an enduring family relationship and are not within the prohibited degrees of relationship in relation to each other.

[F2 (1A) An application for a parental order under section 54A of the 2008 Act may only be made by one person who satisfies the conditions set out in subsection (1) of that section.]

(2) The respondents to an application for a parental order are—

(a) the woman who carried the child;

(b) the other parent (if any);

(c) any person in whose favour there is provision for contact; and

(d) any other person or body with parental responsibility for the child at the date of the application.

(3) The court will direct that a person with parental responsibility for the child be made a party to proceedings where that person requests to be one.

(4) The court may at any time direct that—

(a) any other person or body be made a respondent to the proceedings; or

(b) a respondent be removed from the proceedings.

(5) If the court makes a direction for the addition or removal of a party, it may give consequential directions about—

(a) serving a copy of the application form on any new respondent;

(b) serving relevant documents on the new party; and

(c) the management of the proceedings.

Textual Amendments

F1 Words in rule 13.3(1) inserted (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art. 1(1), Sch. 2 para. 4(4)

F2 Rule 13.3(1A) inserted (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art. 1(1), Sch. 2 para. 4(5)