Y-Z (Declaration of Parentage), Re

Y-Z (Declaration of Parentage), Re

The applicants' clear, written, and signed intention to be joint legal parents, evidenced by the totality of documentation and the context of their treatment, satisfies the statutory requirements for legal parenthood under ss.43-44 HFEA 2008, despite the WP and PP forms being signed the wrong way round. The court can construe or rectify such errors and grant the declaration sought.

Parties
Applicant: Y; Applicant: Z
Jurisdiction
England and Wales
Judgment Date
21 November 2024
Procedural Posture
Declaration of Parentage / Judgment on the Papers
Outcome
Declaration of parentage granted
Legal Topics
Declaration of Parentage, Assisted Reproduction, Legal Parenthood, Consent Forms, Rectification of Documents
Family Law Declaration of Parentage Assisted Reproduction Legal Parenthood Consent Forms Rectification of Documents

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Parties

Y

Applicant

Z

Applicant

Procedural Posture

Declaration of Parentage / Judgment on the Papers

Legal Issues

  1. 1 Whether the absence or incorrect completion of HFEA WP and PP forms prevents the applicant from being declared a legal parent under s.55A Family Law Act 1986 and ss.43-44 Human Fertilisation and Embryology Act 2008
  2. 2 Whether alternative written evidence and intention can satisfy statutory requirements for legal parenthood

Ratio Decidendi

The applicants' clear, written, and signed intention to be joint legal parents, evidenced by the totality of documentation and the context of their treatment, satisfies the statutory requirements for legal parenthood under ss.43-44 HFEA 2008, despite the WP and PP forms being signed the wrong way round. The court can construe or rectify such errors and grant the declaration sought.

Court Disposition

Declaration of parentage granted

Orders

  • Declaration that Y is V's legal parent