PQ v RS and others (Legal Parenthood: Written consent) [2019] EWFC 65 (15 October 2019)

PQ v RS and others (Legal Parenthood: Written consent) [2019] EWFC 65 (15 October 2019)

The errors in the consent form were obvious and did not reflect the parties' common intention at the relevant time; rectification is appropriate to give effect to that intention, and post-separation conduct is irrelevant to the statutory determination of parentage.

Citation
[2019] EWFC 65
Parties
Applicant: PQ; 1st Respondent: RS; 2nd & 3rd Respondents: T & V (by their Children's Guardian Jane Powell); Intervener: Bourn Hall ('The Clinic')
Jurisdiction
England and Wales
Judgment Date
15 October 2019
Procedural Posture
Declaration of Parentage/non Parentage Under S 55 a Family Law Act 1986 / Final Judgment After Hearing of Cross Applications
Outcome
Declaration of parentage granted in favour of PQ; RS's application for declaration of non-parentage dismissed.
Legal Topics
Legal Parenthood, Assisted Reproduction, Rectification of Documents, Declarations of Parentage, Human Fertilisation and Embryology Act 2008
Family Law Reproductive Law Legal Parenthood Assisted Reproduction Rectification of Documents Declarations of Parentage Human Fertilisation and Embryology Act 2008

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Parties

PQ

Applicant

RS

1st Respondent

T & V (by their Children's Guardian Jane Powell)

2nd & 3rd Respondents

Bourn Hall ('The Clinic')

Intervener

Procedural Posture

Declaration of Parentage/non Parentage Under S 55 a Family Law Act 1986 / Final Judgment After Hearing of Cross Applications

Legal Issues

  1. 1 Whether errors in consent forms prevent legal parenthood under HFEA 2008
  2. 2 Whether post-separation conduct is relevant to rectification of parentage documents
  3. 3 Whether declaration of parentage should be made in favour of PQ

Ratio Decidendi

The errors in the consent form were obvious and did not reflect the parties' common intention at the relevant time; rectification is appropriate to give effect to that intention, and post-separation conduct is irrelevant to the statutory determination of parentage.

Court Disposition

Declaration of parentage granted in favour of PQ; RS's application for declaration of non-parentage dismissed.

Orders

  • Declaration of parentage made in relation to both children in favour of PQ.
  • RS's application for declaration of non-parentage dismissed.