AB v CD

AB v CD

The WP and PP consent forms were not submitted before treatment as required by HFEA 2008 and supporting guidance; the clinic failed to provide sufficient information and counselling, and did not comply with licence conditions. Therefore, AB cannot be recognised as the legal parent of E and F.

Parties
Applicant: AB; Respondent: CD; Intervener: The Z Fertility Clinic
Jurisdiction
England and Wales
Judgment Date
24 May 2013
Procedural Posture
Private Law Family Proceedings / Interlocutory Judgment on Preliminary Issue
Outcome
Declaration that AB is not the legal parent of E and F.
Legal Topics
Legal Parentage, Consent Requirements, Clinic Licence Compliance, Public Policy in Assisted Reproduction
Family Law Assisted Reproduction Statutory Interpretation Legal Parentage Consent Requirements Clinic Licence Compliance Public Policy in Assisted Reproduction

Case Brief

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Parties

AB

Applicant

CD

Respondent

The Z Fertility Clinic

Intervener

Procedural Posture

Private Law Family Proceedings / Interlocutory Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether AB is a legal parent of E and F under HFEA 2008
  2. 2 Whether consent forms were properly completed and submitted before treatment
  3. 3 Whether the clinic complied with licence conditions regarding information and counselling

Ratio Decidendi

The WP and PP consent forms were not submitted before treatment as required by HFEA 2008 and supporting guidance; the clinic failed to provide sufficient information and counselling, and did not comply with licence conditions. Therefore, AB cannot be recognised as the legal parent of E and F.

Court Disposition

Declaration that AB is not the legal parent of E and F.

Orders

  • Registrar General to be notified within 21 days for re-registration of births.
  • AB's application for contact to be listed for directions urgently.