Z (Embryo Adoption: Declaration of Non-Parentage) [2018] EWFC 68 (10 July 2018)

Z (Embryo Adoption: Declaration of Non-Parentage) [2018] EWFC 68 (10 July 2018)

PA is not TSA’s legal father or parent because the embryo transfer occurred outside the UK, the agreed fatherhood conditions under the Human Fertilisation and Embryology Act 2008 were not met, and PA did not otherwise acquire legal parenthood or parental responsibility. The birth certificate should be amended to reflect the legal reality.

Citation
[2018] EWFC 68
Parties
Applicant: RQ; 1st Respondent: PA; 2nd Respondent: TSA (through her Children’s Guardian Ms Janet Sivills)
Jurisdiction
England and Wales
Judgment Date
10 July 2018
Procedural Posture
Application for Declaration of Non Parentage / Final Judgment
Outcome
Declaration granted
Legal Topics
Declaration of Parentage, Assisted Reproduction, Parental Responsibility, Birth Registration, Donor Anonymity
Family Law Reproductive Law Declaration of Parentage Assisted Reproduction Parental Responsibility Birth Registration Donor Anonymity

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Parties

RQ

Applicant

PA

1st Respondent

TSA (through her Children’s Guardian Ms Janet Sivills)

2nd Respondent

Procedural Posture

Application for Declaration of Non Parentage / Final Judgment

Legal Issues

  1. 1 Whether PA is the legal father and parent of TSA under UK law following embryo adoption abroad
  2. 2 Whether the birth certificate should be amended to reflect legal parentage
  3. 3 Whether PA has parental responsibility by virtue of being named on the birth certificate

Ratio Decidendi

PA is not TSA’s legal father or parent because the embryo transfer occurred outside the UK, the agreed fatherhood conditions under the Human Fertilisation and Embryology Act 2008 were not met, and PA did not otherwise acquire legal parenthood or parental responsibility. The birth certificate should be amended to reflect the legal reality.

Court Disposition

Declaration granted

Orders

  • Declaration that PA is not TSA’s father or legal parent
  • Registrar General to be notified to amend TSA’s birth certificate