K (Declaration of Parentage: Absence of Written Consent), Re

K (Declaration of Parentage: Absence of Written Consent), Re

The statutory requirements for legal parenthood under the Human Fertilisation and Embryology Act 2008 are satisfied by the combination of internal clinic forms and the WP and PP forms completed for the first treatment cycle, which demonstrate the applicants' clear and informed intention that both be legal parents of any child born as a result of treatment. The absence of WP and PP forms for the second cycle does not preclude a declaration of parentage, as the evidence as a whole establishes compliance with the statutory requirements.

Parties
Applicant: S; Applicant: T
Jurisdiction
England and Wales
Judgment Date
19 August 2024
Procedural Posture
Declaration of Parentage / Judgment on the Papers
Outcome
Declaration of parentage granted
Legal Topics
Parentage, Assisted Reproduction, Consent Forms, Legal Parenthood, Declarations of Parentage
Family Law Parentage Assisted Reproduction Consent Forms Legal Parenthood Declarations of Parentage

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Parties

S

Applicant

T

Applicant

Procedural Posture

Declaration of Parentage / Judgment on the Papers

Legal Issues

  1. 1 Whether S can be declared the legal parent of K in the absence of completed HFEA WP and PP forms for the second treatment cycle
  2. 2 Whether alternative internal clinic forms and prior consents satisfy the statutory requirements for legal parenthood under the Human Fertilisation and Embryology Act 2008

Ratio Decidendi

The statutory requirements for legal parenthood under the Human Fertilisation and Embryology Act 2008 are satisfied by the combination of internal clinic forms and the WP and PP forms completed for the first treatment cycle, which demonstrate the applicants' clear and informed intention that both be legal parents of any child born as a result of treatment. The absence of WP and PP forms for the second cycle does not preclude a declaration of parentage, as the evidence as a whole establishes compliance with the statutory requirements.

Court Disposition

Declaration of parentage granted

Orders

  • Declaration that S is the legal parent of K pursuant to s. 55A Family Law Act 1986 and s. 43 Human Fertilisation and Embryology Act 2008