P (Declaration of Parentage: PP Form Mistake)

P (Declaration of Parentage: PP Form Mistake)

The court found the PP Form was signed before treatment and the only error was the year, which was obviously mistaken. The court can correct this mistake and grant the declaration of parentage sought.

Parties
Applicant: P; Respondent: Q
Jurisdiction
England and Wales
Judgment Date
25 October 2018
Procedural Posture
Declaration of Parentage / Final Judgment
Outcome
Declaration of parentage granted
Legal Topics
Parentage, IVF, Same Sex Couples, Legal Parenthood, Mistake in Consent Forms
Family Law Parentage IVF Same Sex Couples Legal Parenthood Mistake in Consent Forms

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Parties

P

Applicant

Q

Respondent

Procedural Posture

Declaration of Parentage / Final Judgment

Legal Issues

  1. 1 Whether an erroneous date on the PP Form invalidates consent to legal parenthood under HFEA 2008
  2. 2 Whether the court can correct an obvious mistake in parenthood consent forms
  3. 3 Whether prior consent remains effective for subsequent children

Ratio Decidendi

The court found the PP Form was signed before treatment and the only error was the year, which was obviously mistaken. The court can correct this mistake and grant the declaration of parentage sought.

Court Disposition

Declaration of parentage granted

Orders

  • Declaration that the applicant is the legal parent of A
  • No oral hearing required; determination made on the papers