AK, Re Human Fertilisation and Embryology Act 2008

AK, Re Human Fertilisation and Embryology Act 2008

X is entitled to a declaration of legal parenthood because the evidence shows joint intention, belief, and completion of consent forms, and the Form WP signed by X is effective as a notice under section 44(1)(a).

Parties
Applicant: X; Respondent: Y; Interested Party: Care Fertility Northampton
Jurisdiction
England and Wales
Judgment Date
28 July 2017
Procedural Posture
Declaration of Parentage / Final Judgment
Outcome
Declaration granted; costs summarily assessed.
Legal Topics
Legal Parenthood, Assisted Reproduction, Consent Forms, Costs Assessment
Family Law Medical Law Legal Parenthood Assisted Reproduction Consent Forms Costs Assessment

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Parties

X

Applicant

Y

Respondent

Care Fertility Northampton

Interested Party

Procedural Posture

Declaration of Parentage / Final Judgment

Legal Issues

  1. 1 Whether X is entitled to a declaration of legal parenthood under sections 43 and 44 of the Human Fertilisation and Embryology Act 2008
  2. 2 Whether the Form WP signed by both Y and X is effective as a notice of consent under section 44(1)(a)
  3. 3 Assessment of costs

Ratio Decidendi

X is entitled to a declaration of legal parenthood because the evidence shows joint intention, belief, and completion of consent forms, and the Form WP signed by X is effective as a notice under section 44(1)(a).

Court Disposition

Declaration granted; costs summarily assessed.

Orders

  • Declaration that X is the legal parent of C under sections 43 and 44 of the Human Fertilisation and Embryology Act 2008.
  • Care Fertility Northampton to pay X's reasonable costs, summarily assessed at £25,000 net of VAT.