P v Q & Ors

P v Q & Ors

The court found on the balance of probabilities that P and F had sexual intercourse during the conception window and that Q did not consent to NI. The method of conception (AI or NI) could not be determined with certainty. Therefore, the statutory presumption of Q’s parenthood under s.42 HFEA 2008 was rebutted, and the common law position applies: F is X’s legal parent and Q is not.

Parties
Applicant: P; First Respondent: Q; Second Respondent: F; Third Respondent (child): X
Jurisdiction
England and Wales
Judgment Date
22 April 2024
Procedural Posture
Family Law Declaration of Parentage / Judgment After Contested Hearing
Outcome
Declarations granted in favour of P; F is declared X’s legal parent, Q is not X’s legal parent.
Legal Topics
Declaration of Parentage, Artificial Insemination, Legal Parenthood in Same Sex Marriage, Human Fertilisation and Embryology Act 2008, Family Law Act 1986
Family Law Parentage Assisted Reproduction Declaration of Parentage Artificial Insemination Legal Parenthood in Same Sex Marriage Human Fertilisation and Embryology Act 2008 Family Law Act 1986

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Parties

P

Applicant

Q

First Respondent

F

Second Respondent

X

Third Respondent (child)

Procedural Posture

Family Law Declaration of Parentage / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether Q is the legal parent of X under s.42 HFEA 2008 given uncertainty as to method of conception (AI or NI)
  2. 2 Whether F is the legal parent of X under common law
  3. 3 Whether the statutory presumption of parenthood under HFEA 2008 applies or is rebutted

Ratio Decidendi

The court found on the balance of probabilities that P and F had sexual intercourse during the conception window and that Q did not consent to NI. The method of conception (AI or NI) could not be determined with certainty. Therefore, the statutory presumption of Q’s parenthood under s.42 HFEA 2008 was rebutted, and the common law position applies: F is X’s legal parent and Q is not.

Court Disposition

Declarations granted in favour of P; F is declared X’s legal parent, Q is not X’s legal parent.

Orders

  • Declaration that F is the legal parent of X
  • Declaration that Q is not the legal parent of X