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England and Wales decisions
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A v B [2025] EWFC 43 (28 February 2025)
The court granted a declaration of parentage, finding that alternative clinic consent forms and earlier forms were sufficient to establish A as C’s legal parent.
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.
Source excerpt
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.
Source excerpt
The statutory requirements for legal parenthood under the Human Fertilisation and Embryology Act 2008 are satisfied by the combination of internal clinic forms and the WP and PP forms completed for the first treatment cycle, which demonstrate the applicants' clear and informed intention that both be legal parents of any child born as a result of treatment. The absence of WP and PP forms for the second cycle does not preclude a declaration of parentage, as the evidence as a whole establishes compliance with the statutory requirements.
Source excerpt
K (Declaration of Parentage: Absence of Written Consent), Re [2024] EWHC 2126 (Fam) (14 August 2024)
The High Court granted a declaration of parentage for S in relation to K, holding that clinic paperwork and earlier consent forms satisfied the statutory requirements.
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.
Y v Z [2022] EWHC 157 (Fam) (18 February 2022)
The court granted a declaration of parentage after finding that the signed consent documents, read with counselling notes and clinic records, satisfied s 37 HFEA 2008.
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.
The High Court declared X the legal parent of twin children under the Human Fertilisation and Embryology Act 2008 and made parental responsibility orders.
P (Declaration of Parentage: PP Form Mistake) [2018] EWFC 74 (25 October 2018)
The Family Court granted a declaration of parentage after an obvious date error on a PP consent form. The parties’ intention and statutory compliance were otherwise clear.
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