D v D (Fertility Treatment: Paperwork Error)

D v D (Fertility Treatment: Paperwork Error)

The court found that the omission of a tick in the consent form was an understandable and trivial error, and that clear consent to parentage was given by both parties; therefore, the applicant is declared the legal parent of the child.

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 / Final Judgment
Outcome
Declaration granted
Legal Topics
Parentage, Fertility Treatment, Consent Forms, Paperwork Error
Family Law Medical Law Parentage Fertility Treatment Consent Forms Paperwork Error

Case Brief

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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 / Final Judgment

Legal Issues

  1. 1 Whether a paperwork error (unticked consent box) invalidates legal parentage under the Family Law Act 1986 and Human Fertilisation and Embryology Act 2008

Ratio Decidendi

The court found that the omission of a tick in the consent form was an understandable and trivial error, and that clear consent to parentage was given by both parties; therefore, the applicant is declared the legal parent of the child.

Court Disposition

Declaration granted

Orders

  • Declaration that the applicant is the legal parent of the child alongside the first respondent
  • Order for legal costs to be paid by the clinic