B v B (Fertility Treatment: Paperwork Error)

B v B (Fertility Treatment: Paperwork Error)

The agreed fatherhood conditions under s.37 HFE Act 2008 were satisfied by the substance and total effect of the signed internal consent forms, despite administrative errors and missing WP/PP forms.

Parties
Applicant: B (X); First Respondent: B (Y); Second Respondent: Leeds Teaching Hospitals NHS Trust
Jurisdiction
England and Wales
Judgment Date
23 March 2017
Procedural Posture
Application for Declaration of Parentage / Judgment
Outcome
Declaration granted that X is the legal parent of the child alongside Y.
Legal Topics
Parentage Declaration, Fertility Treatment, Consent Paperwork Error
Family Law Medical Law Parentage Declaration Fertility Treatment Consent Paperwork Error

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Parties

B (X)

Applicant

B (Y)

First Respondent

Leeds Teaching Hospitals NHS Trust

Second Respondent

Procedural Posture

Application for Declaration of Parentage / Judgment

Legal Issues

  1. 1 Whether the agreed fatherhood conditions under s.37 Human Fertilisation and Embryology Act 2008 are satisfied despite missing consent forms
  2. 2 Whether written notice of consent was validly given by both parties

Ratio Decidendi

The agreed fatherhood conditions under s.37 HFE Act 2008 were satisfied by the substance and total effect of the signed internal consent forms, despite administrative errors and missing WP/PP forms.

Court Disposition

Declaration granted that X is the legal parent of the child alongside Y.

Orders

  • Declaration of parentage in favour of X
  • Costs to be paid by the Trust