Case V (Human Fertilisation And Embryology Act 2008)

Case V (Human Fertilisation And Embryology Act 2008)

The evidence and clinic records sufficiently establish that both X and Y gave the required consents, including the lost Form WP, entitling X to a declaration of parentage under the Human Fertilisation and Embryology Act 2008.

Source-derived case information.

Parties
Applicant: X; First Respondent: Y; Clinic/respondent: Homerton University Hospital NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
30 September 2016
Procedural Posture
Declaration of Parentage / Final Judgment
Outcome
Declaration granted; costs order made.
Legal Topics
Legal Parenthood, Assisted Reproduction, Consent Forms, Costs Orders
Family Law Medical Law Legal Parenthood Assisted Reproduction Consent Forms Costs Orders

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

X

Applicant

Y

First Respondent

Homerton University Hospital NHS Foundation Trust

Clinic/respondent

Procedural Posture

Declaration of Parentage / Final Judgment

Legal Issues

  1. 1 Whether X is the legal parent of Z under the Human Fertilisation and Embryology Act 2008
  2. 2 Whether the absence of a signed Form WP invalidates legal parenthood
  3. 3 Entitlement to costs due to clinic's delay

Ratio Decidendi

The evidence and clinic records sufficiently establish that both X and Y gave the required consents, including the lost Form WP, entitling X to a declaration of parentage under the Human Fertilisation and Embryology Act 2008.

Court Disposition

Declaration granted; costs order made.

Orders

  • Declaration that X is the legal parent of Z under sections 43 and 44 of the Human Fertilisation and Embryology Act 2008.
  • Clinic to pay the agreed outstanding costs within 21 days.