Y v A Healthcare NHS Trust & Ors

Y v A Healthcare NHS Trust & Ors

Given Z's lack of capacity and the evidence of his wishes, it was in his best interests for his sperm to be retrieved, stored, and used posthumously, and the court had power to authorise a suitable person to sign the necessary consents under the HFE Act.

Parties
Applicant: Y; First Respondent: A Healthcare NHS Trust; Second Respondent: The Human Fertilisation and Embryology Authority; Third Respondent: Z (by his litigation friend, the Official Solicitor)
Jurisdiction
England and Wales
Judgment Date
02 August 2018
Procedural Posture
Court of Protection Application Under the Mental Capacity Act 2005 / Judgment After Urgent Hearing
Outcome
Application granted
Legal Topics
Consent to Medical Treatment, Posthumous Use of Gametes, Best Interests Decision Making, Human Fertilisation and Embryology Act Compliance
Mental Capacity Law Family Law Medical Law Consent to Medical Treatment Posthumous Use of Gametes Best Interests Decision Making Human Fertilisation and Embryology Act Compliance

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Parties

Y

Applicant

A Healthcare NHS Trust

First Respondent

The Human Fertilisation and Embryology Authority

Second Respondent

Z (by his litigation friend, the Official Solicitor)

Third Respondent

Procedural Posture

Court of Protection Application Under the Mental Capacity Act 2005 / Judgment After Urgent Hearing

Legal Issues

  1. 1 Whether it is lawful and in Z's best interests for his sperm to be retrieved and stored prior to his death despite incapacity
  2. 2 Whether the court can authorise a suitable person to sign the relevant consent forms for storage and use of Z's sperm under the HFE Act

Ratio Decidendi

Given Z's lack of capacity and the evidence of his wishes, it was in his best interests for his sperm to be retrieved, stored, and used posthumously, and the court had power to authorise a suitable person to sign the necessary consents under the HFE Act.

Court Disposition

Application granted

Orders

  • Declaration that Z lacks capacity to provide written consent for fertility treatment under the HFE Act
  • It is lawful for a doctor to retrieve Z's gametes and for them to be stored before and after his death