Ms A v Ms J [2022] NICA 3 (12 January 2022)

Ms A v Ms J [2022] NICA 3 (12 January 2022)

The statutory scheme under the Human Fertilisation and Embryology Act 2008 and the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 is the product of extensive legislative consideration and consultation, balancing competing moral, ethical, and social interests. The inability of the appellant to be registered as a parent does not breach Articles 8 or 14 ECHR, as the scheme provides alternative mechanisms for involvement in the child's upbringing and is justified within the margin of appreciation. Public policy prevents the making of a declaration of parentage outside the statutory scheme.

Citation
[2022] NICA 3
Parties
Appellant: Ms A; Respondent: Ms J; Notice Party: Mr O; Notice Party: The Attorney General for Northern Ireland; Notice Party: The Secretary of State for Health; Notice Party: The Departments of Finance and Health; Notice Party: The Official Solicitor for Northern Ireland
Jurisdiction
Northern Ireland
Judgment Date
12 January 2022
Procedural Posture
Appeal / Judgment on Appeal From High Court Decision Refusing Declaration of Parentage
Outcome
Appeal dismissed
Legal Topics
Parentage, Artificial Insemination, Same Sex Relationships, Birth Registration, European Convention on Human Rights, Discrimination, Public Policy
Family Law Human Rights Law Administrative Law Parentage Artificial Insemination Same Sex Relationships Birth Registration European Convention on Human Rights +2 more

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Parties

Ms A

Appellant

Ms J

Respondent

Mr O

Notice Party

The Attorney General for Northern Ireland

Notice Party

The Secretary of State for Health

Notice Party

The Departments of Finance and Health

Notice Party

The Official Solicitor for Northern Ireland

Notice Party

Procedural Posture

Appeal / Judgment on Appeal From High Court Decision Refusing Declaration of Parentage

Legal Issues

  1. 1 Whether sections 42 and 43 of the Human Fertilisation and Embryology Act 2008 and Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 are incompatible with Articles 8 and 14 ECHR
  2. 2 Whether the appellant is entitled to a declaration of parentage in respect of the child R
  3. 3 Whether public policy prevents the making of a declaration of parentage in these circumstances

Ratio Decidendi

The statutory scheme under the Human Fertilisation and Embryology Act 2008 and the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 is the product of extensive legislative consideration and consultation, balancing competing moral, ethical, and social interests. The inability of the appellant to be registered as a parent does not breach Articles 8 or 14 ECHR, as the scheme provides alternative mechanisms for involvement in the child's upbringing and is justified within the margin of appreciation. Public policy prevents the making of a declaration of parentage outside the statutory scheme.

Court Disposition

Appeal dismissed

Orders

  • No declaration of parentage to be made
  • No incompatibility found with Articles 8 or 14 ECHR