Z (Embryo Adoption: Declaration of Non-Parentage)

Z (Embryo Adoption: Declaration of Non-Parentage)

PA is not TSA’s legal father because the embryo adoption procedure occurred outside the UK, the agreed fatherhood conditions under HFEA 2008 were not met, and PA did not provide the required consent; therefore, PA has no parental responsibility and the birth certificate should be amended.

Parties
Applicant: RQ; 1st Respondent: PA; 2nd Respondent: TSA (through Children’s Guardian Ms Janet Sivills)
Jurisdiction
England and Wales
Judgment Date
10 July 2018
Procedural Posture
Declaration of Non Parentage / Final Judgment
Outcome
Declaration of non-parentage granted; PA is not TSA’s legal father.
Legal Topics
Legal Parentage, Parental Responsibility, Birth Registration, Assisted Conception, Donor Anonymity
Family Law Child Law Fertility Law Legal Parentage Parental Responsibility Birth Registration Assisted Conception Donor Anonymity

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Parties

RQ

Applicant

PA

1st Respondent

TSA (through Children’s Guardian Ms Janet Sivills)

2nd Respondent

Procedural Posture

Declaration of Non Parentage / Final Judgment

Legal Issues

  1. 1 Whether PA is the legal father of TSA under UK law
  2. 2 Whether PA has parental responsibility for TSA
  3. 3 Whether TSA's birth certificate should be amended

Ratio Decidendi

PA is not TSA’s legal father because the embryo adoption procedure occurred outside the UK, the agreed fatherhood conditions under HFEA 2008 were not met, and PA did not provide the required consent; therefore, PA has no parental responsibility and the birth certificate should be amended.

Court Disposition

Declaration of non-parentage granted; PA is not TSA’s legal father.

Orders

  • Registrar General to be notified of the declaration for amendment of TSA’s birth certificate.
  • Judgment to be brought to attention of Department of Health and Human Fertilisation and Embryology Authority.