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England and Wales Case Law

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Family law

X & Anor (Declaration of Parentage), Re

The combination of the validly completed HFEA Form WP by Z and the various signed consent forms by X, all executed prior to the embryo transfer, were sufficient to satisfy the statutory notice requirements for legal parenthood under sections 36-37 HFEA 2008, justifying a declaration of parentage in favour of X.

  • Declaration of parentage
  • Assisted reproduction
  • Legal parenthood
  • Consent forms
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Family law [2024] EWHC 649 (Fam)

Y-Z (Declaration of Parentage), Re

Y-Z (Declaration of Parentage), Re [2024] EWHC 649 (Fam) (21 March 2024)

The High Court granted a declaration of parentage for Y, holding that miscompleted fertility consent forms and related signed documents still satisfied the statutory requirements.

  • Declaration of parentage
  • Assisted reproduction
  • Legal parenthood
  • Consent forms
  • Rectification of documents
  • Declaration-of-parentage
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Family law [2021] EWHC 1750 (Fam)

A, B and Bourn Hall Clinic

A, B and Bourn Hall Clinic [2021] EWHC 1750 (Fam) (25 March 2021)

The High Court granted a declaration of parentage after finding missing fertility-clinic consent forms were likely signed before treatment and later mislaid.

  • Legal parenthood
  • Artificial insemination
  • Consent forms
  • Same-sex parenting
  • Human fertilisation and embryology act 2008
  • Administrative error in fertility clinics
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Family law [2020] EWFC 81

A-B, Re

A-B, Re [2020] EWFC 81 (13 August 2020)

The Family Court granted a parental order for a child born through overseas surrogacy, finding statutory requirements met and public policy concerns insufficient to refuse relief.

  • Parental orders
  • Surrogacy
  • Public policy
  • Consent
  • Welfare of the child
  • Parental-orders
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Family law [2019] EWFC 65

PQ v RS and others (Legal Parenthood: Written consent)

PQ v RS and others (Legal Parenthood: Written consent) [2019] EWFC 65 (15 October 2019)

The Family Court held that obvious errors in fertility-treatment consent forms could be rectified, granting PQ a declaration of parentage and dismissing RS’s non-parentage claim.

  • Legal parenthood
  • Assisted reproduction
  • Rectification of documents
  • Declarations of parentage
  • Human fertilisation and embryology act 2008
  • Declaration-of-parentage
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Family law [2018] EWFC 68

Z (Embryo Adoption: Declaration of Non-Parentage)

Z (Embryo Adoption: Declaration of Non-Parentage) [2018] EWFC 68 (10 July 2018)

The court declared that PA was not TSA’s legal father after embryo treatment abroad, and directed notification so the birth register could be corrected.

  • Declaration of parentage
  • Assisted reproduction
  • Parental responsibility
  • Birth registration
  • Donor anonymity
  • Declaration-of-parentage
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Family law [2017] EWHC 1782 (Fam)

Human Fertilisation And Embryology Act (Cases AD, AE, AF, AG and AH : No 2)

Human Fertilisation And Embryology Act (Cases AD, AE, AF, AG and AH : No 2) [2017] EWHC 1782 (Fam) (13 July 2017)

Sir James Munby issued guidance on streamlined parentage declarations under the Human Fertilisation and Embryology Act 2008, including when paper determinations may be appropriate.

  • Parentage
  • Declarations of status
  • Assisted reproduction
  • Court procedure
  • Declaration-of-status
  • Assisted-reproduction
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Family law [2017] EWHC 784 (Fam)

Cases Y, Z, AA, AB & AC, Re Human Fertilisation and Embryology Act 2008

Cases Y, Z, AA, AB & AC, Re Human Fertilisation and Embryology Act 2008 [2017] EWHC 784 (Fam) (12 April 2017)

The High Court granted declarations of parentage in five fertility cases, holding that minor errors or omissions in consent forms did not defeat clear statutory consent.

  • Legal parenthood
  • Assisted reproduction
  • Consent forms
  • Rectification of documents
  • Legal-parenthood
  • Assisted-reproduction
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Family law [2017] EWHC 49 (Fam)

P & Ors (Human Fertilisation And Embryology Act 2008)

P & Ors (Human Fertilisation And Embryology Act 2008) [2017] EWHC 49 (Fam) (19 January 2017)

The Family Division granted declarations of legal parenthood in eight assisted reproduction cases, holding that minor form errors did not defeat valid consent.

  • Legal parenthood
  • Assisted reproduction
  • Written consent requirements
  • Rectification of documents
  • Legal-parenthood
  • Assisted-reproduction
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Family law

P & Ors (Human Fertilisation And Embryology Act 2008)

The High Court granted declarations of legal parenthood in eight fertility cases, despite paperwork errors, and used rectification or construction where needed.

  • Legal parenthood
  • Assisted reproduction
  • Consent forms
  • Rectification of documents
  • Jurisdiction
  • Legal-parenthood
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.