A & Ors (Human Fertilisation And Embryology Act 2008)

A & Ors (Human Fertilisation And Embryology Act 2008)

Applicants in each case are entitled to declarations of parentage because statutory requirements for consent were met, either via statutory forms, equivalent clinic forms, or sufficient evidence, and defects or missing forms do not invalidate parentage if substantive requirements are satisfied.

Parties
Applicant: Applicants in Cases A, B, C, D, E, G; Applicant: Applicant in Case F; Applicant: Applicants in Case H; Interested Party: Children's Guardian; Interested Party: Secretary of State for Health; Intervenor: Barts Health NHS Trust; Intervenor: Bourn Hall Clinic; Intervenor: Manchester Fertility Services Limited; Intervenor: IVF Hammersmith Limited
Jurisdiction
England and Wales
Judgment Date
11 September 2015
Procedural Posture
Family Law Declaration of Parentage / Final Judgment
Outcome
Declarations of parentage granted in Cases A, B, C, D, E, F, and H.
Legal Topics
Parentage, Assisted Reproduction, Consent, Statutory Interpretation, Record Keeping, Rectification
Family Law Medical Law Parentage Assisted Reproduction Consent Statutory Interpretation Record Keeping Rectification

Case Brief

Summary, issues, holding and outcome

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Parties

Applicants in Cases A, B, C, D, E, G

Applicant

Applicant in Case F

Applicant

Applicants in Case H

Applicant

Children's Guardian

Interested Party

Secretary of State for Health

Interested Party

Barts Health NHS Trust

Intervenor

Bourn Hall Clinic

Intervenor

Manchester Fertility Services Limited

Intervenor

IVF Hammersmith Limited

Intervenor

Procedural Posture

Family Law Declaration of Parentage / Final Judgment

Legal Issues

  1. 1 Whether valid consent was given under the Human Fertilisation and Embryology Act 2008 for parentage in assisted reproduction cases
  2. 2 Whether missing or defective consent forms invalidate parentage
  3. 3 Whether parol evidence or rectification can cure defects in consent forms

Ratio Decidendi

Applicants in each case are entitled to declarations of parentage because statutory requirements for consent were met, either via statutory forms, equivalent clinic forms, or sufficient evidence, and defects or missing forms do not invalidate parentage if substantive requirements are satisfied.

Court Disposition

Declarations of parentage granted in Cases A, B, C, D, E, F, and H.

Orders

  • Declaration of parentage under section 55A of the Family Law Act 1986 for each applicant.
  • No order as to costs.