P v Q & Ors [2024] EWFC 85 (B) (19 April 2024)

P v Q & Ors [2024] EWFC 85 (B) (19 April 2024)

The court found on the balance of probabilities that P and F had sexual intercourse (NI) within the conception window, and it could not be established whether X was conceived by AI or NI. Q only consented to AI, not NI. As the requirements of s.34 and s.42 HFEA 2008 were not strictly satisfied, Q could not be a legal parent of X under statute. The common law position applies: F, as the biological father, is the legal parent. The declarations sought by P are granted.

Citation
[2024] EWFC 85 (B)
Parties
Applicant: P; First Respondent: Q; Second Respondent: F; Third Respondent (child): X
Jurisdiction
England and Wales
Judgment Date
19 April 2024
Procedural Posture
Declaration of Parentage (family Law) / Final Judgment After Contested Hearing
Outcome
Declarations granted in favour of P: F is declared the legal parent of X; Q is declared not to be the legal parent of X.
Legal Topics
Legal Parentage, Artificial Insemination, Natural Insemination, Same Sex Marriage, Human Fertilisation and Embryology Act 2008, Family Law Act 1986, Declaration of Parentage, Birth Registration
Family Law Parentage Assisted Reproduction Legal Parentage Artificial Insemination Natural Insemination Same Sex Marriage Human Fertilisation and Embryology Act 2008 +3 more

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Parties

P

Applicant

Q

First Respondent

F

Second Respondent

X

Third Respondent (child)

Procedural Posture

Declaration of Parentage (family Law) / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether X was conceived by artificial insemination (AI) or natural insemination (NI)
  2. 2 Whether Q is a legal parent of X under the Human Fertilisation and Embryology Act 2008
  3. 3 Whether F is the legal parent of X

Ratio Decidendi

The court found on the balance of probabilities that P and F had sexual intercourse (NI) within the conception window, and it could not be established whether X was conceived by AI or NI. Q only consented to AI, not NI. As the requirements of s.34 and s.42 HFEA 2008 were not strictly satisfied, Q could not be a legal parent of X under statute. The common law position applies: F, as the biological father, is the legal parent. The declarations sought by P are granted.

Court Disposition

Declarations granted in favour of P: F is declared the legal parent of X; Q is declared not to be the legal parent of X.

Orders

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