X & Anor (Declaration of Parentage), Re

X & Anor (Declaration of Parentage), Re

The combination of the validly completed HFEA Form WP by Z and the various signed consent forms by X, all executed prior to the embryo transfer, were sufficient to satisfy the statutory notice requirements for legal parenthood under sections 36-37 HFEA 2008, justifying a declaration of parentage in favour of X.

Parties
Applicant: X; Applicant: Z
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Declaration of Parentage / Judgment on the Papers
Outcome
Declaration of parentage granted
Legal Topics
Declaration of Parentage, Assisted Reproduction, Legal Parenthood, Consent Forms
Family Law Reproductive Law Declaration of Parentage Assisted Reproduction Legal Parenthood Consent Forms

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Parties

X

Applicant

Z

Applicant

Procedural Posture

Declaration of Parentage / Judgment on the Papers

Legal Issues

  1. 1 Whether the requirements of sections 36-37 Human Fertilisation and Embryology Act 2008 for establishing joint legal parenthood were met in the absence of a signed HFEA Form PP
  2. 2 Whether alternative written consents and evidence can satisfy statutory notice requirements for legal parenthood

Ratio Decidendi

The combination of the validly completed HFEA Form WP by Z and the various signed consent forms by X, all executed prior to the embryo transfer, were sufficient to satisfy the statutory notice requirements for legal parenthood under sections 36-37 HFEA 2008, justifying a declaration of parentage in favour of X.

Court Disposition

Declaration of parentage granted

Orders

  • Declaration that X is, and always has been, Y’s legal father