F v M & Ors

F v M & Ors

The evidence established that both M and F signed the required consent forms prior to treatment, as confirmed by clinic checklists and internal records, satisfying the statutory requirements for F to be declared C's legal father under the Human Fertilisation and Embryology Act 2008, despite the original forms being lost.

Parties
Applicant: F; 1st Respondent: M; 2nd Respondent: The Herts and Essex Fertility Centre; Child (by Guardian): C by his children’s guardian, G
Jurisdiction
England and Wales
Judgment Date
10 December 2015
Procedural Posture
Family Law Declaration of Parentage / Judgment After Final Hearing
Outcome
Declaration of parentage granted; F is C's legal father.
Legal Topics
Declaration of Parentage, Consent Forms in Fertility Treatment, Clinic Administrative Failures
Family Law Assisted Reproduction Declaration of Parentage Consent Forms in Fertility Treatment Clinic Administrative Failures

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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 (by Guardian)

Procedural Posture

Family Law Declaration of Parentage / Judgment After Final Hearing

Legal Issues

  1. 1 Whether F is the legal father of C under the Human Fertilisation and Embryology Act 2008 given missing consent forms
  2. 2 Whether the statutory requirements for parenthood by consent were met

Ratio Decidendi

The evidence established that both M and F signed the required consent forms prior to treatment, as confirmed by clinic checklists and internal records, satisfying the statutory requirements for F to be declared C's legal father under the Human Fertilisation and Embryology Act 2008, despite the original forms being lost.

Court Disposition

Declaration of parentage granted; F is C's legal father.

Orders

  • F declared legal father of C.
  • The Herts and Essex Fertility Centre to pay the parties’ costs relating to the declaration of parentage proceedings.