P & Ors (Human Fertilisation And Embryology Act 2008)

P & Ors (Human Fertilisation And Embryology Act 2008)

Where evidence demonstrates clear intention and mutual consent to legal parenthood, minor errors or omissions in statutory consent forms do not invalidate legal parenthood under the Human Fertilisation and Embryology Act 2008; rectification or construction of documents is permissible to reflect the parties' intentions.

Parties
Applicant: X; Respondent: Y; Clinic (interested Party): Care Fertility Group Manchester; Clinic (interested Party): Complete Fertility Centre Southampton; Clinic (interested Party): Oxford Fertility; Interested Authority: Human Fertilisation and Embryology Authority; Interested Authority: Secretary of State for Health; Interested Authority: Attorney General
Jurisdiction
England and Wales
Judgment Date
19 January 2017
Procedural Posture
Originating Summons (declaration of Parentage) / Final Judgment
Outcome
Declarations granted in all cases; applicants declared legal parents.
Legal Topics
Legal Parenthood, Assisted Reproduction, Consent Forms, Rectification of Documents, Jurisdiction
Family Law Reproductive Law Legal Parenthood Assisted Reproduction Consent Forms Rectification of Documents Jurisdiction

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Parties

X

Applicant

Y

Respondent

Care Fertility Group Manchester

Clinic (interested Party)

Complete Fertility Centre Southampton

Clinic (interested Party)

Oxford Fertility

Clinic (interested Party)

Human Fertilisation and Embryology Authority

Interested Authority

Secretary of State for Health

Interested Authority

Attorney General

Interested Authority

Procedural Posture

Originating Summons (declaration of Parentage) / Final Judgment

Legal Issues

  1. 1 Whether applicants are legal parents under the Human Fertilisation and Embryology Act 2008 despite errors or omissions in consent forms
  2. 2 Whether rectification or construction of forms is permissible to reflect parties' intentions
  3. 3 Whether prior consent forms remain valid for subsequent treatments

Ratio Decidendi

Where evidence demonstrates clear intention and mutual consent to legal parenthood, minor errors or omissions in statutory consent forms do not invalidate legal parenthood under the Human Fertilisation and Embryology Act 2008; rectification or construction of documents is permissible to reflect the parties' intentions.

Court Disposition

Declarations granted in all cases; applicants declared legal parents.

Orders

  • Declaration of parentage made in favour of each applicant under section 55A of the Family Law Act 1986.
  • Rectification of relevant consent forms where necessary.