X v Y & Ors

X v Y & Ors

On the balance of probabilities, X signed the PP form prior to treatment and it was subsequently mislaid by the clinic. The breach of record keeping does not invalidate the licence or the conferral of legal parenthood. Declaration of parentage is granted in favour of X.

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
Declaration of Parentage / Judgment
Outcome
Declaration of parentage granted in favour of X.
Legal Topics
Legal Parenthood, Assisted Reproduction, Consent Procedures, Record Keeping, Regulatory Compliance
Family Law Medical Law Legal Parenthood Assisted Reproduction Consent Procedures Record Keeping Regulatory Compliance

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Parties

X

Applicant

Y

Respondent

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

Intervener

CAFCASS Legal

Advocate to the Court

Procedural Posture

Declaration of Parentage / Judgment

Legal Issues

  1. 1 Did X sign the requisite consent (PP form) at the appointment on 26 October 2012 so that it complied with s.37(1) HFEA 2008?
  2. 2 If X did, was the PP form subsequently mislaid by the CRM?
  3. 3 Was the treatment ‘provided under a licence’ as required by section 37(1) HFEA 2008?

Ratio Decidendi

On the balance of probabilities, X signed the PP form prior to treatment and it was subsequently mislaid by the clinic. The breach of record keeping does not invalidate the licence or the conferral of legal parenthood. Declaration of parentage is granted in favour of X.

Court Disposition

Declaration of parentage granted in favour of X.

Orders

  • X is declared the legal father of Z.
  • CRM to fund the costs of the application.