A v R & Anor (Declaration of Parentage)

A v R & Anor (Declaration of Parentage)

The Declaration of Parentage is granted because both parents intended and acted as parents, and the paperwork error was solely the clinic's responsibility.

Parties
Applicant: A; Respondent: R; Respondent: Central Manchester University Hospital NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
25 January 2017
Procedural Posture
Declaration of Parentage / Judgment
Outcome
Declaration of Parentage granted
Legal Topics
Parentage Declaration, Fertility Treatment, Paperwork Error
Family Law Parentage Declaration Fertility Treatment Paperwork Error

Case Brief

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Parties

A

Applicant

R

Respondent

Central Manchester University Hospital NHS Foundation Trust

Respondent

Procedural Posture

Declaration of Parentage / Judgment

Legal Issues

  1. 1 Whether a Declaration of Parentage should be granted despite paperwork errors in fertility treatment consent forms

Ratio Decidendi

The Declaration of Parentage is granted because both parents intended and acted as parents, and the paperwork error was solely the clinic's responsibility.

Court Disposition

Declaration of Parentage granted

Orders

  • Both applicant and first respondent are legally recognised as parents of the child.
  • NHS Trust to reimburse reasonable costs incurred in the application.