X & Anor (Declaration of Parentage), Re [2023] EWFC 217 (30 November 2023)

X & Anor (Declaration of Parentage), Re [2023] EWFC 217 (30 November 2023)

The combination of the validly completed HFEA Form WP by Z and the various internal consent forms signed by X, all in writing and signed prior to the embryo transfer, are sufficient to satisfy the statutory notice requirements for legal parenthood under sections 36-37 HFEA 2008, despite the absence of a signed HFEA Form PP.

Citation
[2023] EWFC 217
Parties
Applicant: X; Applicant: Z
Jurisdiction
England and Wales
Judgment Date
30 November 2023
Procedural Posture
Declaration of Parentage / Final Judgment on the Papers
Outcome
declaration of parentage granted
Legal Topics
Declaration of Parentage, Assisted Reproduction, Consent to Legal Parenthood, Human Fertilisation and Embryology Act 2008

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Parties

X

Applicant

Z

Applicant

Procedural Posture

Declaration of Parentage / Final Judgment on the Papers

  1. 1 Whether the requirements of sections 36-37 Human Fertilisation and Embryology Act 2008 for establishing joint legal parenthood are satisfied in the absence of a signed HFEA Form PP
  2. 2 Whether alternative written consents and evidence can substitute for the missing statutory form

Ratio Decidendi

The combination of the validly completed HFEA Form WP by Z and the various internal consent forms signed by X, all in writing and signed prior to the embryo transfer, are sufficient to satisfy the statutory notice requirements for legal parenthood under sections 36-37 HFEA 2008, despite the absence of a signed HFEA Form PP.

Court Disposition

declaration of parentage granted

Orders

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