Leeds Teaching Hospitals NHS Trust v A & Ors [2003] EWHC 259 (QB) (26 February 2003)

Leeds Teaching Hospitals NHS Trust v A & Ors [2003] EWHC 259 (QB) (26 February 2003)

Sections 28(2) and (3) of the Human Fertilisation and Embryology Act 1990 do not apply where the husband did not consent to the use of donor sperm, and the statutory requirements for legal parentage are not met. The biological father (Mr B) is the legal father. The Human Rights Act 1998 does not require a different outcome, as domestic family law remedies (such as residence orders and adoption) are available to secure the welfare and rights of the children and family.

Citation
[2003] EWHC 259
Parties
Claimant: The Leeds Teaching Hospitals NHS Trust; Defendant: Mr A; Defendant: Mrs A; Defendant (by Litigation Friend, the Official Solicitor): YA; Defendant (by Litigation Friend, the Official Solicitor): ZA; Defendant: The Human Fertilisation and Embryology Authority; Defendant: Mr B; Defendant: Mrs B; Intervenor: Secretary of State for the Department of Health (Intervenor); Advocate to the Court: Attorney General (Advocate to the Court)
Jurisdiction
England and Wales
Judgment Date
26 February 2003
Procedural Posture
Civil (family/parentage Declaration) / High Court Judgment After Full Hearing
Outcome
Declaration that Mr A is not the legal father refused; no declaration of incompatibility made; application for declaration of parentage adjourned.
Legal Topics
Legal Parentage, Assisted Reproduction, Consent in Medical Procedures, Human Fertilisation and Embryology Act 1990, Children's Welfare, Article 8 ECHR, Adoption, Parental Responsibility
Family Law Medical Law Human Rights Legal Parentage Assisted Reproduction Consent in Medical Procedures Human Fertilisation and Embryology Act 1990 Children's Welfare +3 more

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Parties

The Leeds Teaching Hospitals NHS Trust

Claimant

Mr A

Defendant

Mrs A

Defendant

YA

Defendant (by Litigation Friend, the Official Solicitor)

ZA

Defendant (by Litigation Friend, the Official Solicitor)

The Human Fertilisation and Embryology Authority

Defendant

Mr B

Defendant

Mrs B

Defendant

Secretary of State for the Department of Health (Intervenor)

Intervenor

Attorney General (Advocate to the Court)

Advocate to the Court

Procedural Posture

Civil (family/parentage Declaration) / High Court Judgment After Full Hearing

Legal Issues

  1. 1 Whether Mr A can be treated as the legal father of twins born as a result of a fertility clinic error under the Human Fertilisation and Embryology Act 1990
  2. 2 Whether sections 28(2) or 28(3) of the 1990 Act apply to confer legal parentage on Mr A
  3. 3 Whether the Human Rights Act 1998 and Article 8 ECHR require a different outcome or a declaration of incompatibility

Ratio Decidendi

Sections 28(2) and (3) of the Human Fertilisation and Embryology Act 1990 do not apply where the husband did not consent to the use of donor sperm, and the statutory requirements for legal parentage are not met. The biological father (Mr B) is the legal father. The Human Rights Act 1998 does not require a different outcome, as domestic family law remedies (such as residence orders and adoption) are available to secure the welfare and rights of the children and family.

Court Disposition

Declaration that Mr A is not the legal father refused; no declaration of incompatibility made; application for declaration of parentage adjourned.

Orders

  • Application for declaration that Mr A is legal father refused.
  • No declaration of incompatibility under Human Rights Act 1998 made.