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
Case Brief
Summary, issues, holding and outcome
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Parties
X
Applicant
Z
Applicant
Procedural Posture
Declaration of Parentage / Final Judgment on the Papers
Legal Issues
- 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 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.
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