P (Declaration of Parentage: PP Form Mistake) [2018] EWFC 74 (25 October 2018)

P (Declaration of Parentage: PP Form Mistake) [2018] EWFC 74 (25 October 2018)

The court found this to be a Category B case of obvious error on the PP Form (incorrect year entered), with clear evidence of intent and compliance with statutory requirements. The court can correct the mistake and grant the declaration of parentage sought.

Citation
[2018] EWFC 74
Parties
Applicant: P; Respondent: Q
Jurisdiction
England and Wales
Judgment Date
25 October 2018
Procedural Posture
Declaration of Parentage Application / Final Judgment on Paper, Without Oral Hearing
Outcome
Declaration of parentage granted
Legal Topics
Parentage, IVF and Assisted Reproduction, Legal Parenthood, Same Sex Couples, Consent Forms, Rectification of Documents
Family Law Parentage IVF and Assisted Reproduction Legal Parenthood Same Sex Couples Consent Forms Rectification of Documents

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 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

P

Applicant

Q

Respondent

Procedural Posture

Declaration of Parentage Application / Final Judgment on Paper, Without Oral Hearing

Legal Issues

  1. 1 Whether an obvious error in the date on a parenthood consent form (PP Form) invalidates legal parentage under the Human Fertilisation and Embryology Act 2008
  2. 2 Whether the court can correct such an error by construction or rectification
  3. 3 Whether a previously signed PP Form for an older child remains effective for a subsequent child

Ratio Decidendi

The court found this to be a Category B case of obvious error on the PP Form (incorrect year entered), with clear evidence of intent and compliance with statutory requirements. The court can correct the mistake and grant the declaration of parentage sought.

Court Disposition

Declaration of parentage granted

Orders

  • Declaration that P is the legal parent of A under s.55A Family Law Act 1986 and ss.43-44 Human Fertilisation and Embryology Act 2008