Y-Z (Declaration of Parentage), Re
[2024] EWHC 649 (Fam)
X & Anor (Declaration of Parentage), Re
30 November 2023
[2023] EWFC 217
Family Court
A couple used a clinic for fertility treatment and had a baby. The clinic lost a crucial form. The court looked at other paperwork the parents signed and decided the dad was legally the dad after all, because the other forms showed his intent to be a legal parent. The clinic needs better record-keeping.
Key Facts
- •X and Z, an unmarried couple, underwent fertility treatment at a licensed clinic using donor eggs and sperm.
- •Z became pregnant and gave birth to Y.
- •A clinic audit revealed that a required Form PP was missing from X's medical notes.
- •X and Z jointly applied for a declaration of parentage under s 55A Family Law Act 1986.
- •The clinic accepted responsibility for the missing form and funded legal advice.
Legal Principles
Sections 36-37 Human Fertilisation and Embryology Act 2008 (HFEA 2008) set out the requirements for establishing joint legal parenthood for unmarried different-sex couples using donor sperm at licensed clinics. Each parent must give written notice prior to embryo transfer of their mutual intention for the non-birth parent to be a parent.
HFEA 2008, sections 36-37
The court may rectify missing or incorrect HFEA forms if doubt exists about legal parenthood. Alternative documentation can suffice if it demonstrates informed consent to legal parenthood.
Re A and others (2015) EWHC 2602 (Fam); A, B and Bourn Hall Clinic [2021] EWHC 1750 (Fam)
Outcomes
The court granted the declaration of parentage, confirming X as Y's legal father.
The court found that the combination of a validly completed HFEA Form WP by Z and various other consent forms signed by X, which explicitly stated his consent to be a legal parent, sufficiently met the requirements of sections 36-37 HFEA 2008.