D v D (Fertility Treatment: Paperwork Error) [2016] EWHC 2112 (Fam) (05 July 2016)

D v D (Fertility Treatment: Paperwork Error) [2016] EWHC 2112 (Fam) (05 July 2016)

The absence of a tick in the consent box was an understandable and minor error that did not negate the clear and substantive consent of both parties to legal parentage; therefore, the statutory requirements were met and a declaration of parentage is granted.

Citation
[2016] EWHC 2112 (Fam)
Parties
Applicant: D; First Respondent: D; Second Respondent: Liverpool Women's Hospital NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
05 July 2016
Procedural Posture
Declaration of Parentage Application Under Section 55 a Family Law Act 1986 / Final Hearing and Judgment
Outcome
Declaration granted; applicant is declared legal parent of the child.
Legal Topics
Parentage, Fertility Treatment, Consent Forms, Paperwork Error
Family Law Medical Law Parentage Fertility Treatment Consent Forms Paperwork Error

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Parties

D

Applicant

D

First Respondent

Liverpool Women's Hospital NHS Foundation Trust

Second Respondent

Procedural Posture

Declaration of Parentage Application Under Section 55 a Family Law Act 1986 / Final Hearing and Judgment

Legal Issues

  1. 1 Whether a paperwork error (unticked consent box) invalidates legal parentage under the Human Fertilisation and Embryology Act 2008
  2. 2 Whether clear underlying consent can override a technical error in form completion

Ratio Decidendi

The absence of a tick in the consent box was an understandable and minor error that did not negate the clear and substantive consent of both parties to legal parentage; therefore, the statutory requirements were met and a declaration of parentage is granted.

Court Disposition

Declaration granted; applicant is declared legal parent of the child.

Orders

  • Declaration of parentage made in favour of applicant.
  • Legal costs to be paid by the clinic (Liverpool Women's Hospital NHS Foundation Trust).