F v M & Ors [2015] EWHC 3601 (Fam) (10 December 2015)

F v M & Ors [2015] EWHC 3601 (Fam) (10 December 2015)

The court was satisfied, on the evidence, that both M and F signed the required consent forms prior to treatment, fulfilling the agreed fatherhood conditions under the HFEA 2008. Despite the forms being lost, internal records and checklists confirmed compliance. F is therefore C's legal father.

Source-derived case information.

Citation
[2015] EWHC 3601 (Fam)
Parties
Applicant: F; 1st Respondent: M; 2nd Respondent: The Herts and Essex Fertility Centre; Child (represented by Guardian): C by his children's guardian, G
Jurisdiction
England and Wales
Judgment Date
10 December 2015
Procedural Posture
Declaration of Parentage Under S. 55 a Family Law Act 1986 / Final Judgment After Contested Proceedings
Outcome
Declaration granted; F is declared the legal father of C.
Legal Topics
Declaration of Parentage, Assisted Reproduction, Consent Forms, Clinic Administrative Failures
Family Law Assisted Reproduction Law Declaration of Parentage Assisted Reproduction Consent Forms Clinic Administrative Failures

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Summary, issues, holding and outcome

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Parties

F

Applicant

M

1st Respondent

The Herts and Essex Fertility Centre

2nd Respondent

C by his children's guardian, G

Child (represented by Guardian)

Procedural Posture

Declaration of Parentage Under S. 55 a Family Law Act 1986 / Final Judgment After Contested Proceedings

Legal Issues

  1. 1 Whether F should be declared the legal father of C under the Human Fertilisation and Embryology Act 2008
  2. 2 Whether statutory consent requirements were met despite missing forms
  3. 3 Clinic's compliance with statutory duties and litigation conduct

Ratio Decidendi

The court was satisfied, on the evidence, that both M and F signed the required consent forms prior to treatment, fulfilling the agreed fatherhood conditions under the HFEA 2008. Despite the forms being lost, internal records and checklists confirmed compliance. F is therefore C's legal father.

Court Disposition

Declaration granted; F is declared the legal father of C.

Orders

  • Declaration of parentage in favour of F
  • HEFC to pay the parties' costs relating to the declaration of parentage proceedings