M

M

The court found, on the balance of probabilities, that the child was conceived by sexual intercourse between Ms M and Mr F, not by artificial insemination. Therefore, Mr F is both the biological and legal father. Mr H did not consent to AI within the meaning of s.35 HFEA 2008. The HFEA does not exclude common law parentage where its requirements are not met. Both Ms M and Mr F acted unreasonably, but Mr F bears the greater responsibility for the proceedings and costs.

Parties
Applicant: Ms M; 1st Respondent: Mr F; 2nd Respondent: Mr H
Jurisdiction
England and Wales
Judgment Date
05 July 2013
Procedural Posture
Declaration of Parentage and Financial Provision / Judgment After Fact Finding Hearing
Outcome
Declaration granted that Mr F is the legal parent; costs orders made against Mr F; application for prohibited steps order refused.
Legal Topics
Legal Parentage, Artificial Insemination, Sexual Intercourse and Parentage, Consent Under Human Fertilisation and Embryology Act, Financial Provision for Child, Costs in Family Proceedings
Family Law Child Law Legal Parentage Artificial Insemination Sexual Intercourse and Parentage Consent Under Human Fertilisation and Embryology Act Financial Provision for Child Costs in Family Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 16 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Ms M

Applicant

Mr F

1st Respondent

Mr H

2nd Respondent

Procedural Posture

Declaration of Parentage and Financial Provision / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether the child was conceived by artificial insemination or sexual intercourse
  2. 2 Whether Mr H (husband) consented to artificial insemination within the meaning of s.35 HFEA 2008
  3. 3 Whether absence of consent must be communicated to all affected parties

Ratio Decidendi

The court found, on the balance of probabilities, that the child was conceived by sexual intercourse between Ms M and Mr F, not by artificial insemination. Therefore, Mr F is both the biological and legal father. Mr H did not consent to AI within the meaning of s.35 HFEA 2008. The HFEA does not exclude common law parentage where its requirements are not met. Both Ms M and Mr F acted unreasonably, but Mr F bears the greater responsibility for the proceedings and costs.

Court Disposition

Declaration granted that Mr F is the legal parent; costs orders made against Mr F; application for prohibited steps order refused.

Orders

  • Registrar General to be notified for re-registration of birth within 21 days.
  • Mr F may apply for parental responsibility in future; not granted at this stage.