The Family Procedure Rules 2010

Where the agreement of the other parent or the woman who carried the child is not required

13.10.—(1) This rule applies where the agreement of the other parent or the woman who carried the child to the making of the parental order is not required as the person in question cannot be found or is incapable of giving agreement.

(2) The applicants must—

(a) state that the agreement is not required in the application form, or at any later stage by filing a written note with the court;

(b) file a statement of facts setting out a summary of the history of the case and any other facts to satisfy the court that the other parent or the woman who carried the child cannot be found or is incapable of giving agreement.

(3) On receipt of the application form or written note—

(a) a court officer will—

(i) unless the other parent or the woman who carried the child cannot be found, inform the other parent or the woman who carried the child that their agreement is not required;

(ii) send a copy of the statement of facts filed in accordance with paragraph (2)(b) to—

(aa) the other parent unless the other parent cannot be found;

(bb) the woman who carried the child unless the woman cannot be found; and

(cc) the parental order reporter; and

(b) if the applicants consider that the other parent or the woman who carried the child is incapable of giving agreement the court will consider whether to—

(i) appoint a litigation friend for the other parent or the woman who carried the child under rule 15.6(1) or

(ii) give directions for an application to be made under rule 15.6(3),

unless a litigation friend is already appointed for the other parent or the woman who carried the child.