Lesbian wins Supreme Court appeal over IVF daughter

Updated

A lesbian woman has won a Supreme Court fight with her former partner over their seven-year-old daughter.

One woman is the youngster's biological mother and sole legal parent, the other considers herself a de facto parent, judges have heard.

Their relationship broke down in 2011, more than three years after the girl was conceived by IVF treatment and born.

Judges have been told the girl was taken to Pakistan by her biological mother in early 2014.

The second woman then launched legal action and asked judges to order the youngster's return to the UK.

A High Court judge and Court of Appeal judges concluded they did not have the jurisdiction to make such an order because the girl was not habitually resident in the UK when legal proceedings were launched.

But Supreme Court justices have overturned those decisions.

They ruled on Wednesday that the girl had been habitually resident and allowed an appeal by the second woman.

The case will now return to the High Court where a judge will make decisions on what happens next.

Lawyers say the Supreme Court ruling will have implications in a number of areas.

Five Supreme Court justices had analysed evidence at a hearing in London in December.

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