AB v CD [2013] EWHC 1418 (Fam) (24 May 2013)

AB v CD [2013] EWHC 1418 (Fam) (24 May 2013)

The statutory requirements for conferring legal parenthood on a second woman under the HFEA 2008 were not satisfied because the necessary consent forms (WP and PP) were not completed and submitted before the insemination treatment, and the clinic failed to provide sufficient information and counselling to enable informed consent. As a result, AB cannot be recognised as the legal parent of the twins.

Citation
[2013] EWHC 1418 (Fam)
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 (parentage Declaration) / Interlocutory Judgment on Preliminary Issue of Legal Parentage
Outcome
Declaration granted that AB is not a legal parent of the twins under section 55A of the Family Law Act 1986.
Legal Topics
Legal Parenthood, Assisted Reproduction, Consent Requirements, Same Sex Parenting, Clinic Regulatory Compliance
Family Law Medical Law Legal Parenthood Assisted Reproduction Consent Requirements Same Sex Parenting Clinic Regulatory Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

AB

Applicant

CD

Respondent

The Z Fertility Clinic

Intervener

Procedural Posture

Private Law Family Proceedings (parentage Declaration) / Interlocutory Judgment on Preliminary Issue of Legal Parentage

Legal Issues

  1. 1 Whether AB is a legal parent of the twins under the Human Fertilisation and Embryology Act 2008
  2. 2 Whether the statutory requirements for conferring legal parenthood on a second woman were satisfied
  3. 3 Whether the relevant consent forms were properly completed and submitted before treatment

Ratio Decidendi

The statutory requirements for conferring legal parenthood on a second woman under the HFEA 2008 were not satisfied because the necessary consent forms (WP and PP) were not completed and submitted before the insemination treatment, and the clinic failed to provide sufficient information and counselling to enable informed consent. As a result, AB cannot be recognised as the legal parent of the twins.

Court Disposition

Declaration granted that AB is not a legal parent of the twins under section 55A of the Family Law Act 1986.

Orders

  • Declaration of non-parentage in respect of AB and the twins E and F.
  • Leave to apply for contact by AB to be determined at a future hearing.