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England and Wales High Court (Family Division) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Family Division) Decisions >> P & Ors (Human Fertilisation And Embryology Act 2008)  EWHC 49 (Fam) (19 January 2017)
Cite as:  EWHC 49 (Fam)
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Royal Courts of Justice
Strand, London, WC2A 2LL
B e f o r e :
|In the Matter of the Human Fertilisation and Embryology Act 2008|
|(Cases P, Q, R, S, T, U, W and X)|
Ms Sarah Morgan QC and Ms Lucy Sprinz (instructed by DAC Beachcroft LLP) for Care Fertility Group Manchester in Cases P, Q, R, S, T and U
Hearing date: 6 October 2016 (Cases P, Q and R)
Hearing date: 10 October 2016 (Cases S, T and U)
Hearing date: 16 December 2016 (Cases W and X)
This html version of judgment was handed down in open court.
Crown Copyright ©
Sir James Munby, President of the Family Division :
i) The treatment which led to the birth of C was embarked upon and carried through jointly and with full knowledge by both the woman (that is, Y) and her partner (X).
ii) From the outset of that treatment, it was the intention of both X and Y that X would be a legal parent of C. Each was aware that this was a matter which, legally, required the signing by each of them of consent forms. Each of them believed that they had signed the relevant forms as legally required and, more generally, had done whatever was needed to ensure that they would both be parents.
iii) From the moment when the pregnancy was confirmed, both X and Y believed that X was the other parent of the child. That remained their belief when C was born.
iv) X and Y, believing that they were entitled to, and acting in complete good faith, registered the birth of their child, as they believed C to be, showing both of them on the birth certificate as C's parents, as they believed themselves to be.
v) The first they knew that anything was or might be 'wrong' was when, some while later, they were contacted by the clinic.
The facts: the individual cases