PQ v RS and others (Legal Parenthood: Written consent)

PQ v RS and others (Legal Parenthood: Written consent)

Errors in the consent form were obvious and did not reflect the parties' common intention at the relevant time; rectification is appropriate and post-separation conduct is legally irrelevant to the acquisition of parenthood under HFEA 2008.

Parties
Applicant: PQ; 1st Respondent: RS; 2nd & 3rd Respondents: T & V; Children’s Guardian: Jane Powell; Interested Party: Bourn Hall (‘The Clinic’)
Jurisdiction
England and Wales
Judgment Date
15 October 2019
Procedural Posture
Declaration of Parentage/non Parentage / Judgment
Outcome
Declaration of parentage granted in favour of PQ; RS's application for non-parentage dismissed.
Legal Topics
Legal Parenthood, Assisted Reproduction, Written Consent, Rectification of Documents
Family Law Legal Parenthood Assisted Reproduction Written Consent Rectification of Documents

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Parties

PQ

Applicant

RS

1st Respondent

T & V

2nd & 3rd Respondents

Jane Powell

Children’s Guardian

Bourn Hall (‘The Clinic’)

Interested Party

Procedural Posture

Declaration of Parentage/non Parentage / Judgment

Legal Issues

  1. 1 Whether errors in consent forms prevent acquisition of legal parenthood under HFEA 2008
  2. 2 Whether post-separation conduct affects entitlement to declaration of parentage
  3. 3 Whether rectification or construction of consent forms is permissible

Ratio Decidendi

Errors in the consent form were obvious and did not reflect the parties' common intention at the relevant time; rectification is appropriate and post-separation conduct is legally irrelevant to the acquisition of parenthood under HFEA 2008.

Court Disposition

Declaration of parentage granted in favour of PQ; RS's application for 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.