Case L (Human Fertilisation And Embryology Act 2008)

Case L (Human Fertilisation And Embryology Act 2008)

Y is not the legal parent of C2 because she did not give written consent in the prescribed form as required by the Human Fertilisation and Embryology Act 2008. The absence of a signed Form PP is a fundamental deficiency that cannot be remedied by intention or belief. Therefore, a declaration of non-parentage is appropriate and necessary to reflect legal and factual reality and to avoid ambiguity or confusion for C2.

Parties
Applicant: X; First Respondent: Y; Clinic/intervener: Barts Health NHS Trust; Guardian for C2: Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
12 September 2016
Procedural Posture
Family Law Declaration of Parentage/non Parentage / Final Judgment
Outcome
Declaration of non-parentage granted; costs awarded against the clinic.
Legal Topics
Legal Parenthood, Assisted Reproduction, Birth Registration, Declarations of Parentage, Parental Responsibility
Family Law Human Fertilisation and Embryology Child Law Legal Parenthood Assisted Reproduction Birth Registration Declarations of Parentage Parental Responsibility

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Parties

X

Applicant

Y

First Respondent

Barts Health NHS Trust

Clinic/intervener

Children’s Guardian

Guardian for C2

Procedural Posture

Family Law Declaration of Parentage/non Parentage / Final Judgment

Legal Issues

  1. 1 Whether Y is the legal parent of C2 under the Human Fertilisation and Embryology Act 2008
  2. 2 Whether a declaration of non-parentage should be made in favour of X
  3. 3 How the birth certificate of C2 should be amended to reflect legal reality

Ratio Decidendi

Y is not the legal parent of C2 because she did not give written consent in the prescribed form as required by the Human Fertilisation and Embryology Act 2008. The absence of a signed Form PP is a fundamental deficiency that cannot be remedied by intention or belief. Therefore, a declaration of non-parentage is appropriate and necessary to reflect legal and factual reality and to avoid ambiguity or confusion for C2.

Court Disposition

Declaration of non-parentage granted; costs awarded against the clinic.

Orders

  • Declaration that Y is not the legal parent of C2.
  • Registrar General to be notified for amendment of C2’s birth certificate under section 14A of the Births and Deaths Registration Act 1953.