Z v X (Declaration of Parentage) [2020] EWFC 67 (14 August 2020)

Z v X (Declaration of Parentage) [2020] EWFC 67 (14 August 2020)

Z is the legal father of the children by virtue of his genetic paternity, as the statutory framework does not displace the common law in these circumstances. The declarations of parentage are therefore granted.

Citation
[2020] EWFC 67
Parties
Applicant: Z; 1st Respondent: X; 2nd, 3rd & 4th Respondents: A, B and C (By their Children's Guardian) Jane Powell
Jurisdiction
England and Wales
Judgment Date
14 August 2020
Procedural Posture
Declaration of Parentage / Judgment After Hearing and Remittal From District Judge
Outcome
Declarations of parentage granted in favour of Z for all three children.
Legal Topics
Parentage, IVF and Assisted Reproduction, Declarations of Parentage, Parental Responsibility
Family Law Parentage IVF and Assisted Reproduction Declarations of Parentage Parental Responsibility

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Parties

Z

Applicant

X

1st Respondent

A, B and C (By their Children's Guardian) Jane Powell

2nd, 3rd & 4th Respondents

Procedural Posture

Declaration of Parentage / Judgment After Hearing and Remittal From District Judge

Legal Issues

  1. 1 Whether Z is the legal father of children conceived via IVF using his sperm and donor eggs carried by X
  2. 2 Whether the statutory framework under the Human Fertilisation and Embryology Act 2008 displaces the common law presumption of genetic parenthood in this case

Ratio Decidendi

Z is the legal father of the children by virtue of his genetic paternity, as the statutory framework does not displace the common law in these circumstances. The declarations of parentage are therefore granted.

Court Disposition

Declarations of parentage granted in favour of Z for all three children.

Orders

  • Registrar General to be notified of the declarations for re-registration of births.
  • Copy of the judgment to be sent to the General Register Office.