Y-Z (Declaration of Parentage), Re
[2024] EWHC 649 (Fam)
K (Declaration of Parentage: Absence of Written Consent), Re
14 August 2024
[2024] EWHC 2126 (Fam)
High Court
Two moms used a sperm donor to have a baby. The clinic messed up the paperwork. The judge said it didn't matter because the moms always wanted to be parents together, so the second mom is legally a parent.
Key Facts
- •S applied for a declaration of parentage for K under s. 55A of the Family Law Act 1986.
- •K was born in June 2023 to T (biological mother) and S (partner).
- •S and T underwent two cycles of intrauterine insemination using donor sperm.
- •In the second cycle, T was the birth mother, and the clinic failed to obtain the necessary legal parenthood consent forms (HFEA WP and PP forms).
- •The clinic apologised and agreed to pay legal costs.
- •S and T had consistently expressed their intention to be joint legal parents.
- •The court considered alternative consent forms and the couple's consistent actions and intentions.
Legal Principles
Declarations of parentage can be made under s. 55A of the Family Law Act 1986.
Family Law Act 1986, s. 55A
Legal parenthood in same-sex couples using donor sperm is governed by ss. 43 and 44 of the Human Fertilisation and Embryology Act 2008.
Human Fertilisation and Embryology Act 2008, ss. 43, 44
Alternative consent documentation can suffice if it demonstrates informed consent in writing and signed by both parties before conception.
A & B v Bourn Hall Clinic [2021] EWHC 1750 (Fam)
Previously completed WP and PP forms can remain valid for subsequent treatment cycles if the intention to be joint legal parents remains consistent.
Re P and Ors [2017] EWHC 49 (Fam), Y and Z [2024] EWHC 649 (Fam)
The court can consider the totality of evidence, including internal clinic forms, to determine whether the requirements of the 2008 Act are met.
X v Z [2023] EWFC 217, Y and Z [2024] EWHC 649 (Fam)
The court can correct errors in paperwork if the intention of the parties is clear.
Re A & Ors [2015], Y and Z [2024] EWHC 649 (Fam)
Outcomes
Declaration of parentage granted to S as the legal parent of K.
The court found that the missing WP and PP forms were effectively replaced by alternative documentation demonstrating the couple's consistent intent to be joint parents, supported by other evidence and previous case law.