K (Human Fertilisation And Embryology Act 2008)

K (Human Fertilisation And Embryology Act 2008)

The Registrar erred in law by refusing to register X as the father based on an incorrect interpretation of the 2008 Act and the Handbook; judicial review is the appropriate remedy to quash the registration and allow fresh registration with X as father.

Parties
Applicant: X; Respondent: Y; Interested Party: Registrar General; Interested Party: Local Authority
Jurisdiction
England and Wales
Judgment Date
19 January 2017
Procedural Posture
Judicial Review and Declaration of Parentage / Final Judgment
Outcome
application granted
Legal Topics
Parentage, Assisted Reproduction, Birth Registration, Judicial Review, Declaration of Parentage
Family Law Administrative Law Parentage Assisted Reproduction Birth Registration Judicial Review Declaration of Parentage

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Parties

X

Applicant

Y

Respondent

Registrar General

Interested Party

Local Authority

Interested Party

Procedural Posture

Judicial Review and Declaration of Parentage / Final Judgment

Legal Issues

  1. 1 Whether X is the legal parent of C1 and C2 under the Human Fertilisation and Embryology Act 2008
  2. 2 Whether the Registrar's refusal to register X as father was an error of law
  3. 3 Whether judicial review lies to quash the registration of birth in case of error of law

Ratio Decidendi

The Registrar erred in law by refusing to register X as the father based on an incorrect interpretation of the 2008 Act and the Handbook; judicial review is the appropriate remedy to quash the registration and allow fresh registration with X as father.

Court Disposition

application granted

Orders

  • Declaration that X is the legal parent of C1 and C2.
  • Quashing order: the Registrar’s decision to register the births without X as father is quashed; the register entry is deleted.