X v Y v St Bartholomew's Hospital Centre for Reproductive Medicine (Assisted Reproduction: Parent) [2015] EWFC 13 (13 February 2015)

X v Y v St Bartholomew's Hospital Centre for Reproductive Medicine (Assisted Reproduction: Parent) [2015] EWFC 13 (13 February 2015)

On the balance of probabilities, X signed the PP form prior to treatment and the clinic subsequently mislaid it. The failure to retain the form was a regulatory breach but did not invalidate the treatment as being 'under a licence' or X's legal parenthood. The declaration of parentage is granted.

Source-derived case information.

Citation
[2015] EWFC 13
Parties
Applicant: X; Respondent: Y; Intervener: St Bartholomew's Hospital Centre for Reproductive Medicine (CRM); Advocate to the Court: CAFCASS Legal
Jurisdiction
England and Wales
Judgment Date
13 February 2015
Procedural Posture
Family Law – Declaration of Parentage / Judgment After Hearing of Application for Declaration of Parentage
Outcome
Declaration of parentage granted in favour of X; X is Z's legal father.
Legal Topics
Legal Parenthood, Assisted Reproduction, Consent Requirements, Record Keeping by Fertility Clinics
Family Law Medical Law Legal Parenthood Assisted Reproduction Consent Requirements Record Keeping by Fertility Clinics

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 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

X

Applicant

Y

Respondent

St Bartholomew's Hospital Centre for Reproductive Medicine (CRM)

Intervener

CAFCASS Legal

Advocate to the Court

Procedural Posture

Family Law – Declaration of Parentage / Judgment After Hearing of Application for Declaration of Parentage

Legal Issues

  1. 1 Whether X signed the requisite PP form (consent to legal parenthood) prior to treatment as required by s.37(1) HFEA 2008
  2. 2 Whether the absence of the PP form in the clinic's records invalidates X's legal parenthood
  3. 3 Whether treatment was 'provided under a licence' as required by s.37(1) HFEA 2008

Ratio Decidendi

On the balance of probabilities, X signed the PP form prior to treatment and the clinic subsequently mislaid it. The failure to retain the form was a regulatory breach but did not invalidate the treatment as being 'under a licence' or X's legal parenthood. The declaration of parentage is granted.

Court Disposition

Declaration of parentage granted in favour of X; X is Z's legal father.

Orders

  • Declaration that X is the legal father of Z.