Rose & Anor v Secretary of State for Health Human Fertilisation and Embryology Authority [2002] EWHC 1593 (Admin) (26 July 2002)

Rose & Anor v Secretary of State for Health Human Fertilisation and Embryology Authority [2002] EWHC 1593 (Admin) (26 July 2002)

Article 8 ECHR is engaged in the circumstances of the claimants seeking information about their biological origins, whether identifying or non-identifying, as it relates to their personal identity. Section 6(6)(a) of the Human Rights Act 1998 precludes challenge to failures to enact primary legislation or make certain regulations, but not to failures to make regulations under Section 8(d) of the 1990 Act. It is premature to rule on entitlement to a declaration of incompatibility at this stage.

Citation
[2002] EWHC 1593 (Admin)
Parties
Claimants: Joanna Rose and EM (a child, by her mother as litigation friend); First Defendant: Secretary of State for Health; Second Defendant: Human Fertilisation and Embryology Authority
Jurisdiction
England and Wales
Judgment Date
26 July 2002
Procedural Posture
Judicial Review / Substantive Hearing on Preliminary Issues
Outcome
Article 8 ECHR is engaged; no final determination on breach or declaration of incompatibility at this stage.
Legal Topics
Article 8 ECHR (right to Respect for Private and Family Life), Article 14 ECHR (prohibition of Discrimination), Human Fertilisation and Embryology Act 1990, Access to Donor Information, Declaration of Incompatibility Under Human Rights Act 1998
Human Rights Law Family Law Administrative Law Article 8 ECHR (right to Respect for Private and Family Life) Article 14 ECHR (prohibition of Discrimination) Human Fertilisation and Embryology Act 1990 Access to Donor Information Declaration of Incompatibility Under Human Rights Act 1998

Case Brief

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Parties

Joanna Rose and EM (a child, by her mother as litigation friend)

Claimants

Secretary of State for Health

First Defendant

Human Fertilisation and Embryology Authority

Second Defendant

Procedural Posture

Judicial Review / Substantive Hearing on Preliminary Issues

Legal Issues

  1. 1 Whether Article 8 ECHR is engaged in respect of access to information about biological origins for children born by artificial insemination by donor (AID)
  2. 2 Whether the Secretary of State may rely on Section 6(6)(a) of the Human Rights Act 1998 to resist the claim
  3. 3 Whether, if the claimants' arguments succeed, a declaration of incompatibility would be justified

Ratio Decidendi

Article 8 ECHR is engaged in the circumstances of the claimants seeking information about their biological origins, whether identifying or non-identifying, as it relates to their personal identity. Section 6(6)(a) of the Human Rights Act 1998 precludes challenge to failures to enact primary legislation or make certain regulations, but not to failures to make regulations under Section 8(d) of the 1990 Act. It is premature to rule on entitlement to a declaration of incompatibility at this stage.

Court Disposition

Article 8 ECHR is engaged; no final determination on breach or declaration of incompatibility at this stage.

Orders

  • Court to hear further submissions from counsel as to consequential orders.