Court grants declaration of parentage following clinic consent error

Introduction

The High Court recently addressed a case involving an application for a declaration of parentage under section 55A of the Family Law Act 1986. The applicants, referred to as A and B, sought legal recognition as the parents of C, a child born through fertility treatment. The case arose due to errors in the completion of consent forms by the Oxford Fertility Clinic (OFC), which led to uncertainty over C's legal parentage.

Background

The applicants had planned to have a family for some time, knowing that A might face difficulties in conceiving. They initially sought treatment at the Cotswold Fertility Clinic (CFC), a satellite clinic for several licensed clinics, including the London Women's Clinic (LWC) and OFC. After completing various consent forms at LWC, they opted to use donor sperm for their IVF treatment. Despite consistently naming each other as partners in all relevant forms, an error occurred when the WP and PP forms, crucial for establishing legal parenthood, were not transferred to OFC or reissued for completion.

Legal Issues

The legal issue centred on whether A could be recognised as C's legal parent under the Human Fertilisation and Embryology Act 2008. The Act requires that both parties provide written consent to be treated as the child's legal parents before the embryo transfer. The absence of the WP and PP forms at OFC raised doubts about whether the statutory requirements were met.

Court's Analysis

Her Honour Judge Cope, sitting as a judge of the High Court, analysed the case by considering alternative forms and evidence of the couple's intention to be legal parents. The court referred to previous cases, such as Re A and others, where alternative consent documentation was accepted. The court also considered that the WP and PP forms completed at LWC should remain valid for subsequent treatment cycles at OFC.

Conclusion

The court concluded that A and B had demonstrated their mutual intention to be C's legal parents through various forms and consistent actions. The court was satisfied that the alternative forms completed by the couple and the original WP and PP forms met the statutory requirements. Consequently, the court granted the declaration of parentage, recognising A and B as C's legal parents.

Implications

This case highlights the importance of accurate and thorough consent documentation in fertility treatments. It underscores the need for clinics to maintain robust systems to prevent similar errors. The ruling also provides guidance on how courts may interpret and accept alternative documentation to uphold the intentions of parties involved in fertility treatments.

Learn More

For more information on medical negligence, see BeCivil's guide to Medical Negligence.