C (A Child), Re (parentage) [2020] NIFam 6 (23 June 2020)

C (A Child), Re (parentage) [2020] NIFam 6 (23 June 2020)

Ms A is not entitled to a declaration of parentage because she does not meet the statutory requirements under the Human Fertilisation and Embryology Act 2008, having not been in a civil partnership or marriage at the relevant time nor having used licensed clinic treatment with the required consents. The statutory scheme is justified, and there is no incompatibility with Articles 8 or 14 ECHR as Ms A had available legal routes to parentage which she chose not to pursue.

Citation
[2020] NIFam 6
Parties
Applicant: Ms A; Respondent: Ms R; Notice Party: Mr P; Notice Party: Attorney General for Northern Ireland; Notice Party: Secretary of State for Health; Notice Party: Department of Finance
Jurisdiction
Northern Ireland
Judgment Date
23 June 2020
Procedural Posture
Declaration of Parentage Application / Judgment on Application for Declaration of Parentage and Compatibility With ECHR
Outcome
Application for declaration of parentage refused; no incompatibility found with ECHR.
Legal Topics
Parentage, Artificial Insemination, Same Sex Parenting, Discrimination, European Convention on Human Rights, Birth Registration
Family Law Human Rights Law Parentage Artificial Insemination Same Sex Parenting Discrimination European Convention on Human Rights Birth Registration

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Parties

Ms A

Applicant

Ms R

Respondent

Mr P

Notice Party

Attorney General for Northern Ireland

Notice Party

Secretary of State for Health

Notice Party

Department of Finance

Notice Party

Procedural Posture

Declaration of Parentage Application / Judgment on Application for Declaration of Parentage and Compatibility With ECHR

Legal Issues

  1. 1 Whether Ms A is entitled to a declaration of parentage as C's second parent under Article 31B of the Matrimonial and Family Proceedings (NI) Order 1989
  2. 2 Whether the relevant provisions of the Matrimonial and Family Proceedings (NI) Order 1989 and the Human Fertilisation and Embryology Act 2008 are incompatible with Articles 8 and 14 of the European Convention on Human Rights

Ratio Decidendi

Ms A is not entitled to a declaration of parentage because she does not meet the statutory requirements under the Human Fertilisation and Embryology Act 2008, having not been in a civil partnership or marriage at the relevant time nor having used licensed clinic treatment with the required consents. The statutory scheme is justified, and there is no incompatibility with Articles 8 or 14 ECHR as Ms A had available legal routes to parentage which she chose not to pursue.

Court Disposition

Application for declaration of parentage refused; no incompatibility found with ECHR.