Sole Applicants
a) A sole applicant who is married can
apply, but only if:
the other spouse cannot be found or;
they have separated and are living apart and
the separation is likely to be permanent or;
the other spouse is incapable of making an
application due to mental or physical
health.
b) A mother or father can apply as a sole
applicant only if the court is satisfied
that:
the other natural parent is dead or;
cannot be found or;
there is no parent, as that child is
governed by the Human Fertilization of
Embryology Act (e.g. in vitro fertilisation.
In this case the carrying mother is mother
in law, but can apply under s.30 of the Act
for "parental order" that child is to be
treated as child of the parties to the
marriage. But must apply within 6 months of
birth of child and child must be living with
the donors who must consent, no money must
have changed hands) or;
there is some other reason to justify
excluding the natural parent.
c) Step-parent or relative as applicant;
This is less common as the courts encourage
the use of other orders, such as a Specific
Issue Order to change the child's surname.
How
to make an enquiry