AI and AJ, Re Human Fertilisation And Embryology Act 2008

AI and AJ, Re Human Fertilisation And Embryology Act 2008

Applicant X is declared the legal parent of child C because the evidence shows clear intention and informed consent, and clerical errors in the forms do not invalidate legal parenthood. The presumption of the husband’s consent is rebutted by evidence that he did not consent.

Source-derived case information.

Parties
Applicant: X; Respondent Mother: Y; Respondent Clinic: Central Manchester University Hospitals NHS Foundation Trust; Respondent Clinic: Royal Devon and Exeter NHS Foundation Trust; Interested Party: Human Fertilisation and Embryology Authority; Interested Party: Secretary of State for Health; Interested Party: Attorney General; Third Party (husband of Y): S
Jurisdiction
England and Wales
Judgment Date
20 December 2017
Procedural Posture
Application for Declaration of Legal Parenthood / Final Judgment
Outcome
Declaration granted in terms sought by applicant X.
Legal Topics
Legal Parenthood, Assisted Reproduction, Written Consent, Statutory Interpretation
Family Law Medical Law Legal Parenthood Assisted Reproduction Written Consent Statutory Interpretation

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Summary, issues, holding and outcome

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Parties

X

Applicant

Y

Respondent Mother

Central Manchester University Hospitals NHS Foundation Trust

Respondent Clinic

Royal Devon and Exeter NHS Foundation Trust

Respondent Clinic

Human Fertilisation and Embryology Authority

Interested Party

Secretary of State for Health

Interested Party

Attorney General

Interested Party

S

Third Party (husband of Y)

Procedural Posture

Application for Declaration of Legal Parenthood / Final Judgment

Legal Issues

  1. 1 Whether applicant X is the legal parent of child C under the Human Fertilisation and Embryology Act 2008
  2. 2 Whether clerical errors in consent forms invalidate legal parenthood
  3. 3 Whether the presumption of husband’s consent under section 35(1) of the 2008 Act is rebutted

Ratio Decidendi

Applicant X is declared the legal parent of child C because the evidence shows clear intention and informed consent, and clerical errors in the forms do not invalidate legal parenthood. The presumption of the husband’s consent is rebutted by evidence that he did not consent.

Court Disposition

Declaration granted in terms sought by applicant X.

Orders

  • Applicant X is declared the legal parent of child C.
  • Respondent clinics to pay applicant X’s reasonable costs.