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Fertility treatment and consent to legal parenthood: no room for errors

© Copyright LexisNexis 2024. All rights reserved.
Date:13 OCT 2016
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By Louisa Ghevaert, partner and head of the fertility and parenting team at Michelmores LLP

The ruling by Sir James Munby, President of the Family Division, In the Matter of the Human Fertilisation and Embryology Act 2008 (Case V) [2016] EWHC 2356 (Fam) is the fifteenth in a series of fertility treatment cases 'gone wrong'. The parents in Case V were referred by the clinic to specialist fertility lawyer Louisa Ghevaert at Michelmores LLP.

In Case V, the President granted another Declaration of Parentage to a woman because of a missing patient consent form at a UK fertility clinic licensed by the Human Fertilisation and Embryology Authority (HFEA). Depressingly, Case V arose because of mismanagement of legal aspects governing consent to fertility treatment and legal parenthood at UK fertility clinics.

Case V came about because the HFEA Consent Form PP ("your consent to being the legal parent") was signed at the appropriate time but no signed HFEA Form WP ("your consent to your partner being the legal parent") could be found on the clinic's records.


Read the full article here.

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