Y v Z

Y v Z

The IC Form signed by both parents, read in context with other documents and counselling notes, constitutes sufficient written notice of consent under s 37 HFEA 2008. The court adopts a purposive interpretation to secure the child's identity and legal parentage, consistent with Article 8 ECHR.

Parties
Applicant: Y; Respondent: Z
Jurisdiction
England and Wales
Judgment Date
18 February 2022
Procedural Posture
Declaration of Parentage / Judgment
Outcome
Declaration of Parentage granted.
Legal Topics
Declaration of Parentage, IVF Treatment, Legal Parenthood, Human Fertilisation and Embryology Act 2008, Human Rights Act 1998
Family Law Declaration of Parentage IVF Treatment Legal Parenthood Human Fertilisation and Embryology Act 2008 Human Rights Act 1998

Case Brief

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Parties

Y

Applicant

Z

Respondent

Procedural Posture

Declaration of Parentage / Judgment

Legal Issues

  1. 1 Whether written documents signed by parents meet the requirements for parenthood conditions under HFEA 2008 despite administrative errors
  2. 2 Whether the IC Form and other documents satisfy the notice requirements under s 37 HFEA 2008

Ratio Decidendi

The IC Form signed by both parents, read in context with other documents and counselling notes, constitutes sufficient written notice of consent under s 37 HFEA 2008. The court adopts a purposive interpretation to secure the child's identity and legal parentage, consistent with Article 8 ECHR.

Court Disposition

Declaration of Parentage granted.

Orders

  • Declaration that Y is the legal parent of X.