At the applicant’s request samples of sperm were taken from her husband hours prior to his death, when he was in a coma. Held: Sperm cannot lawfully be taken from a comatose man in order later to allow his surviving wife to be artificially inseminated. There was no written permission as required by the Act. … Continue reading Regina v Human Fertilisation and Embryology Authority ex parte DB: CA 6 Feb 1997
Applications were made, challenging the refusal of the Secretary of State for Health, and the Human Fertilisation and Embryology Authority, to institute a system where a child born by artificial insemination could make enquiries as to his or her parenthood. Held: The knowledge of facts about one’s biological parenthood was part of the right to … Continue reading Regina (Rose and Another) v Secretary of State for Health and the Human Fertilisation and Embryology Authority: Admn 26 Jul 2002
The application made by Ted Jennings seeks a declaration that it is lawful for him to use an embryo created using his sperm and the eggs of his late wife, Fern-Marie Choya, in treatment with a surrogate. Judges: Mrs Justice Theis Citations: [2022] EWHC 1619 (Fam) Links: Bailii Jurisdiction: England and Wales Family, Health Updated: … Continue reading Jennings v Human Fertilisation and Embryology Authority: FD 22 Jun 2022
The claimants wished to challenge licensing decisions made by the respondent, and for a protective costs order. Judges: Dobbs J Citations: [2008] EWHC 3395 (Admin) Links: Bailii Statutes: Human Fertilisation and Embryology Act 1990 16 Jurisdiction: England and Wales Citing: Cited – Regina v Dairy Produce Quota Tribunal for England and Wales, Ex parte Caswell … Continue reading Quintavalle and Another, Regina (on the Application of) v Human Fertilisation and Embryology Authority: Admn 9 Dec 2008
The BBC sought permission to inspect a class of documents on the court file in judicial review proceedings. The reason for the application was that the documents were likely to contain information relevant to a libel action in which Mr Taranissi was suing the BBC and in which the BBC wished to advance a plea … Continue reading Taranissi, Regina (on the Application of) v Human Fertilisation and Embryology Authority: Admn 14 Jan 2009
The claimant had sought fertility treatment with her husband. Now, after his death, she sought an order to declare lawful the continued use of the stored gametes. Held: The request failed. Without explicit consent, the court had no power to make an order anticipating the decision of the Authority respondent. Any rights of the claimant … Continue reading L v the Human Fertilisation and Embryology Authority: FD 3 Oct 2008
‘The issue is whether the Human Fertilisation and Embryology (HFEA) has the power to permit tissue-typing in conjunction with pre-implantation genetic diagnosis or PGD. This technique involves three stages: (1) an in vitro embryo is permitted to develop to the 6-8 cell stage which occurs three days after fertilisation; (2) one or two cells are … Continue reading Quintavalle, Regina (on the Application of) v Human Fertilisation and Embryology Authority: Admn 20 Dec 2002
Citations: [2005] UKICO FS50069924 Links: Bailii Jurisdiction: England and Wales Information Updated: 08 July 2022; Ref: scu.533301
Citations: [2018] EWHC 3178 (Fam) Links: Bailii Statutes: Human Fertilisation and Embryology Act 2008 Jurisdiction: England and Wales Health Professions, Children Updated: 04 July 2022; Ref: scu.630761
Citations: [2005] EWHC 1092 (QB) Links: Bailii Statutes: Human Fertilisation & Embryology Act 1990 Jurisdiction: England and Wales Health, Human Rights Updated: 01 July 2022; Ref: scu.226996
The parents of a boy suffering a serious genetic disorder sought IVF treament in which any embryo would be tested for its pre-implantation genetic status. Only an embryo capable of producing the stem cells necessary to cure the boy would be implanted. The claimant said that the Authority had no power to license such a … Continue reading Quintavalle v Human Fertilisation and Embryology Authority: HL 28 Apr 2005
A licence was sought so that a couple could have a child who would be tissue typed to establish his suitability to provide an umbilical cord after his birth to help treat his future brother. A licence had been granted subject to conditions, and the applicant now challenged the right of the Authority to grant … Continue reading Quintavalle, Regina (on the Application of) v Human Fertilisation and Embryology Authority: CA 16 May 2003
An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration. Held: Section 28 did not confer paternity. The mistake vitiated whatever consents had been given, and the concept under the Act of ‘treatment together’. Any interference with the right to … Continue reading AHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003
The applicant sought a judicial review of the respondent’s issue of a licence for genetic screening. They claimed this was outside the statutory powers of the respondent. Held: The Act specifically allowed the Authority to issue licences which were for activities taking place in the course of treatment. The present licence would allow tissue typing, … Continue reading Regina (Quintaville) v Human Fertilisation and Embryology Authority: QBD 20 Dec 2002
The applicant was undergoing fertility treatment. She wanted to have more than three eggs implanted, but permission for this was refused by the Authority. She sought to challenge that by way of judicial review. Held: Judicial review was not the right way to challenge a scientific view. The authority is a public one, and its … Continue reading Regina (Assisted Reproduction and Gynaecology Centre) v The Human Fertilisation and Embryology Authority: CA 31 Jan 2002
Sperm which had been taken from a dying and unconscious man may not be used for the later insemination of his surviving wife. The Act required his written consent. Held: Community Law does not assist the Applicant. The question had been considered in Parliament, and allowing for the limitations on the powers of courts exercising … Continue reading Regina v Human Fertilisation and Embryology Authority ex parte DB: Admn 17 Oct 1996
Citations: [2018] EWHC 1300 (Fam) Links: Bailii Statutes: Human Fertilisation and Embryology Act 2008 Jurisdiction: England and Wales Children Updated: 24 April 2022; Ref: scu.618402
Citations: [2017] EWHC 3351 (Fam) Links: Bailii Statutes: Human Fertilisation and Embryology Act 2008 Jurisdiction: England and Wales Children Updated: 02 April 2022; Ref: scu.601943
Citations: [2015] EWHC 1706 (Admin) Links: Bailii Jurisdiction: England and Wales Health Updated: 02 April 2022; Ref: scu.548995
Following the identification of various errors in the paperwork at a fertility treatment centre, the court had ordered an audit. That audit had taken place and a further few errors identified. However after further concerns, the HFEA had re-audited the centre’s files, with the results suggesting that the first audit had been inadequate. Complaints were … Continue reading P and Others (Human Fertilisation and Embryology Act 2008) (No 2): FD 13 Oct 2017
Citations: [2017] EWHC 1154 (Fam) Links: Bailii Jurisdiction: England and Wales Children Updated: 30 March 2022; Ref: scu.594563
Citations: [2017] EWHC 2176 (Fam) Links: Bailii Jurisdiction: England and Wales Children, Health Professions Updated: 30 March 2022; Ref: scu.594565
Uncontested applications for declarations as to legal parentage of children born following fertility treatment Judges: Sir James Munby P Citations: [2017] EWHC 1782 (Fam), [2017] WLR(D) 475 Links: Bailii, WLRD Jurisdiction: England and Wales Children Updated: 28 March 2022; Ref: scu.591138
Judges: Sir James Munby Citations: [2017] EWHC 1026 (Fam) Links: Bailii Statutes: Human Fertilisation and Embryology Act 2008 Jurisdiction: England and Wales Health Professions, Children Updated: 27 March 2022; Ref: scu.588152
Citations: [2017] EWHC 965 (Fam) Links: Bailii Jurisdiction: England and Wales Family Updated: 27 March 2022; Ref: scu.588144
Citations: [2017] EWHC 964 (Fam) Links: Bailii Jurisdiction: England and Wales Family Updated: 27 March 2022; Ref: scu.588141
Citations: [2017] EWHC 783 (Fam) Links: Bailii Jurisdiction: England and Wales Family Updated: 24 March 2022; Ref: scu.582037
Citations: [2017] EWHC 784 (Fam) Links: Bailii Jurisdiction: England and Wales Family Updated: 24 March 2022; Ref: scu.582038
Citations: [2017] EWHC 659 (Admin) Links: Bailii Jurisdiction: England and Wales Health Updated: 24 March 2022; Ref: scu.581612
Citations: [2017] EWHC 50 (Fam) Links: Bailii Statutes: Human Fertilisation and Embryology Act 20085 Jurisdiction: England and Wales Children, Health Updated: 29 January 2022; Ref: scu.573754
Applications for declaration of paternity in assisted conception cases. Judges: sir James munby P Citations: [2017] EWHC 49 (Fam) Links: Bailii Statutes: Human Fertilisation and Embryology Act 2008 Jurisdiction: England and Wales Health, Children Updated: 29 January 2022; Ref: scu.573756
[2016] EWHC 2493 (Fam) Bailii England and Wales Health Professions, Children Updated: 24 January 2022; Ref: scu.570170
[2016] EWHC 2356 (Fam) Bailii Human Fertilisation and Embryology Act 2008 England and Wales Family Updated: 23 January 2022; Ref: scu.569862
The court considered another case where documentation forming an integral part of the process of settling the parentage of a child born through procedures regulated by the Acts and which now required a formal order confirming parentage. Sir James Munby [2016] EWHC 2273 (Fam) Bailii Human Fertilisation and Embryology Act 2008, Human Fertilisation and Embryology … Continue reading Case O (Human Fertilisation and Embryology Act 2008): FD 13 Sep 2016
[2016] EWHC 2266 (Fam) Bailii England and Wales Children Updated: 23 January 2022; Ref: scu.569171
Appeal against refusal to allow export of eggs of their late daughter to the USA. Munby P FD, Arden, Burnett LJJ [2016] EWCA Civ 611 Bailii Human Fertilisation and Embryology Act 1990 England and Wales Health Updated: 18 January 2022; Ref: scu.566235
[2016] UKICO FS50608409 Bailii England and Wales Information Updated: 17 January 2022; Ref: scu.564779
Foskett J [2016] EWHC 460 (QB) Bailii England and Wales Health Professions Updated: 12 January 2022; Ref: scu.561112
[2016] EWCA Civ 102 Bailii England and Wales Health Professions Updated: 10 January 2022; Ref: scu.560263
The court was asked whether, in the light of the 1998 Act, section 54(1) of the 2008 Act should be read down so as to allow parental orders to be made in favour of just one person. Held: It could not. Sir James Munby P FD [2015] EWFC 73 Bailii Human Fertilisation and Embryology Act … Continue reading Re Z (A Child : Human Fertilisation and Embryology Act : Parental Order): FC 7 Sep 2015
[2014] EWHC 1528 (Admin) Bailii England and Wales Health Professions Updated: 21 December 2021; Ref: scu.536532
[2013] EWHC 3087 (Admin) Bailii Jury Updated: 22 November 2021; Ref: scu.516964
The applicant sought a declaration of parenthood. She and her same sex partner had been asked to signthe wrong forms when undergoing fertility treatment. Held: The court was able to rely upon the euitable doctrine of recification were there had, as here, been a clear mistake. In this cas a wholesale transposition of the content … Continue reading G, Re (Human Fertilisation and Embryology Act 2008): FD 6 Apr 2016
The court was asked: ‘who, in law, is or are the parent(s) of a child born as a result of treatment carried out under this legislation’ Held: The court pointed again to the failures to keep proper records within several fertility clinics. However: ‘Given the statutory framework, what it provides and, equally significant, what it … Continue reading In the matter of the Human Fertilisation and Embryology Act 2008 ; A and Others: FD 11 Sep 2015
The court considered questions arising on applications for use of the equitable doctrine of rectification in cases of mistake at IVF Clinics. Sir James Munby [2016] EWHC 791 (Fam), [2016] Fam Law 678, [2017] 1 FLR 998 Bailii, Judiciary Human Fertilisation and Embryology Act 2008 England and Wales Health Professions, Children, Equity Leading Case Updated: … Continue reading Re I (Human Fertilisation and Embryology Act 2008): FD 12 Apr 2016
References: [2015] EWFC 73 Links: Bailii Coram: Sir James Munby P FD The court was asked whether, in the light of the 1998 Act, section 54(1) of the 2008 Act should be read down so as to allow parental orders to be made in favour of just one person. Held: It could not. Statutes: Human … Continue reading Re Z (A Child : Human Fertilisation and Embryology Act : Parental Order); FC 7 Sep 2015
References: [2003] EWHC 259 (QB), Gazette 01-May-2003, [2003] 1 FLR 1091 Links: Bailii Coram: The President An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration. Held: Section 28 did not confer paternity. The mistake vitiated whatever consents had been … Continue reading AHE Leeds Teaching Hospitals NHS Trust v A, A, YA and, ZA (By Their Litigation Friend, the Official Solicitor), the Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003
The claimant, father of a child born by artificial insemination from a frozen embryo, alleged that the signature on the form of consent had been forged. Judges: Jay J Citations: [2017] EWHC 2438 (QB), [2017] WLR(D) 640 Links: Bailii, WLRD Statutes: Human Fertilisation and Embryology Act 1990 Jurisdiction: England and Wales Torts – Other, Health … Continue reading ARB v IVF Hammersmith Ltd: QBD 6 Oct 2017
Application for a parental order under s.54 of the Human Fertilisation and Embryology Act 2008 in respect of a little boy X Judges: Mrs Justice Theis Citations: [2020] EWFC 81 Links: Bailii Jurisdiction: England and Wales Family Updated: 26 November 2022; Ref: scu.683243
An application had been made for parental orders under section 57. The children X and Y had been born in India under surrogacy arrangements involving payments which were lawful in India, but which went beyond what could be paid. Held: The orders were granted. ‘Mr and Ms A are entirely genuine, the terms of the … Continue reading In re X and Y (Parental Order: Retrospective Authorisation of Payments): FD 6 Dec 2011
JK a transgender (M-F) was biological father to two children sought the right to be described on the birth register as parent Judges: Mr Justice Hickinbottom Citations: [2015] EWHC 990 (Admin), [2015] 2 FCR 131, [2015] HRLR 10, [2016] 1 All ER 354 Links: Bailii Statutes: European Convention on Human Rights 8 14, Births and … Continue reading JK, Regina (on The Application of) v The Secretary of State for The Home Department and Another: Admn 20 Apr 2015
The court is entitled to refuse a request for judicial review on the sole ground of delay without any requirement of a causal link between the delay and any prejudice. Mere tardiness or incompetence of legal or other advisors is normally not a good ground for the grant of leave to bring a case out … Continue reading Regina v Secretary of State for Health ex parte Furneaux: CA 1994
Application for parental order by one person.Otherwise In re Z (Surrogate Father: Parental Order) (No 2) Judges: Sir James Munby P Citations: [2016] EWHC 1191 (Fam), ZC15P00214, [2016] Fam Law 958, [2016] 2 FLR 327, [2016] HRLR 15, [2017] Fam 25, [2016] WLR(D) 278, [2016] 3 WLR 1369 Links: Bailii, Judiciary, WLRD Statutes: Human Fertilisation … Continue reading Z (A Child) (No 2): FD 20 May 2016
Extension of Time for Parental Order The court considered the making of a parental order in respect of a child through surrogacy procedures outside the time limits imposed by the 2008 Act. The child had been born under Indian surrogacy laws. The commissioning parents (now the applicants) had separated for a short time. Held: The … Continue reading In re X (A Child) (Surrogacy: Time Limit): FD 3 Oct 2014
The court considered the approval required for an order under the 2002 Act. Held: Welfare considerations were important but not paramount: ‘Given the permanent nature of the order under s.30, it seems reasonable that the court should adopt the ‘lifelong’ perspective of welfare in the Adoption and Children Act 2002 rather than the ‘minority’ perspective … Continue reading In re X and Y (Foreign Surrogacy): FD 9 Dec 2008
International surrogacy arrangement – application for a parental order. Judges: Theis J Citations: [2011] EWHC 3181 (Fam) Links: Bailii Statutes: Human Fertilisation and Embryology Act 2008& 54 Children Updated: 04 October 2022; Ref: scu.450365
The parties had lived together as a married couple. They had had a child together by artificial insemination. It was then revealed that Mr J was a woman. The parties split up, and Mr J applied for an order for contact with the child. Held: The appeal was dismissed. The HFEA Act required that to … Continue reading J v C and E (a Child) (Void Marriage: Status of Children): CA 15 May 2006
There had been proceedings as to the misuse of confidential information. X, a non-party, now sought disclosure of papers used in that case. The case had been settled by means of a Tomlin Schedule, and that, subject to further order, non-parties might not obtain documents on the court file. Held: The applicant X was entitled … Continue reading ABC Ltd v Y: ChD 6 Dec 2010
The Applicant AB, a lesbian woman aged 37, applied for contact to twin boys, E and F, aged 3. In making that application, she described herself as the boys’ ‘parent’; she ws so defined on the boys’ birth certificates. For the first 17 months of their lives, she fulfilled a parental role, as an integral … Continue reading AB v CD: FD 24 May 2013
The child had been born in Illinois as a result of a commercial surrogacy arrangement which would have been unlawful here. The parents applied for a parental order under the 2008 Act. Held: The order was made, but in doing so he court had to give retrospective approval to the payments. Hedley J emphasised that … Continue reading In re L (A Minor) (Commercial Surrogacy): FD 8 Dec 2010
Application for a parental order under the 2008 Act following a surrogacy arrangement in California, USA using IVF. Judges: Theis DBE J Citations: [2013] EWHC 1432 (Fam) Links: Bailii Statutes: Human Fertilisation and Embryology Act 2008 54 Jurisdiction: England and Wales Cited by: Cited – In re X (A Child) (Surrogacy: Time Limit) FD 3-Oct-2014 … Continue reading J v G: FD 26 Mar 2013
The license holder of a fertility clinic was accused of keeping an embryo otherwise than in pursuance of the licence. The clinic had employed a respected consultant who had carried out the task, but had done so unlawfully. Held: The Act made a clear distinction between the person responsible for keeping the embryos and the … Continue reading Attorney-General’s Reference (No 2 of 2003): 1 Apr 2004
The defendant sought to use the sperm of her deceased husband for her insemination. The deceased had apparently withdrawn his consent to the use of his sperm posthumously. His widow claimed that he had been influenced to change the form, by an implied threat that the treatment would not continue. Held: the case of re … Continue reading The Centre for Reproductive Medicine v U: FD 24 Jan 2002
Judges: Sir James Munby P FD Citations: [2016] EWHC 1330 (Fam) Links: Bailii, Judiciary Statutes: Human Fertilisation and Embryology Act 2008 Jurisdiction: England and Wales Cited by: See Also – Re N FD 8-Jun-2016 The parties who had undertaken fertility treatment leading to the birth of the child, but where the clinic had failed to … Continue reading Re J: FD 8 Jun 2016
A lesbian couple had split up and disputed the care of the children. An order had been made but then, in breach of that order, one removed the children overnight to Cornwall. An argument was made that the court had failed to give proper weight to the considerations from the 1989 Act and had ignored … Continue reading CG v CW and Another (Children): CA 6 Apr 2006
The parents had received IVF treatment together, but had separated before the child was born. The mother resisted an application by the father for a declaration of paternity. Held: The father’s appeal failed. The Act made statutory provision as to the parentage of a child born through IVF. The mere participation of the father and … Continue reading In Re R (Parental responsibility: IVF baby); D (A Child), Re: HL 12 May 2005
The claimant appealed a refusal to grant an order preventing the destruction of the sperm of her late husband held by the respondent fertility clinic. The clinic had persuaded her husband to sign a form of consent for this purpose. The claimant said that the form had been obtained by undue influence, believing that the … Continue reading U v Centre for Reproductive Medicine: CA 24 Apr 2002
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Violation of Art. 8; Violation of Art. 13 with regard to the complaint under Article 6-1; Not necessary to examine Art. 13 with regard to the complaint under Art. 8; Non-pecuniary damage – financial award Citations: 53176/99, [2002] ECHR 27, ECHR 2002-I Links: Worldlii, Bailii … Continue reading Mikulic v Croatia: ECHR 7 Feb 2002
The Court found the probationer police constable to have been unlawfully induced to resign, but the court could not order his reinstatement. A power must be exercised by the precise person or body stated in the statute. Though courts may review the way in which decisions are reached, they will respect the margin of appreciation … Continue reading Chief Constable of the North Wales Police v Evans: HL 1982
The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003
Judges: The Vice-Chancellor Lord Justice Dyson Lady Justice Hale Citations: [2003] EWCA Civ 182 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – AHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B QBD 26-Feb-2003 An IVF treatment centre … Continue reading Re R (A Child): CA 19 Feb 2003
Where procedures produced a clone of a human cell or embryo, that was not an embryo within and subject to regulation under the Act, since there had been no process of fertilisation, which is a pre-requisite under the Act. A cloned cell could not be a ’embryo where fertilisation is complete.’ Judges: Mr Justice Crane … Continue reading Regina (on the Application of Bruno Quintavalle on Behalf of Pro-Life Alliance) v Secretary of State for Health: Admn 15 Nov 2001
The court had to consider a permanent placement of a child with a view to adoption in oposition to the natural parents’ wishes. Held: Particular weight should be attached to the best interests of the child, which may override those of the parent: ‘These measures were particularly far-reaching in that they totally deprived the applicant … Continue reading Johansen v Norway: ECHR 7 Aug 1996
Neither marriage nor living together were necessarily a requirement for establishing family ties, exceptionally other factors may . . serve to demonstrate that a relationship has sufficient constancy to create de facto ‘family ties’. The relationship between a man and a woman amounted to family life, even though they chose neither to marry nor to … Continue reading Kroon And Others v The Netherlands: ECHR 27 Oct 1994
Europa The importation of lottery advertisements and tickets into a Member State with a view to the participation by residents of that State in a lottery conducted in another Member State relates to a ‘service’ within the meaning of Article 60 of the Treaty and accordingly falls within the scope of Article 59 of the … Continue reading Her Majesty’s Customs and Excise v Gerhart Schindler and Jorg Schindler: ECJ 24 Mar 1994
If parliament always foresaw what possibilities might arise, courts would never have anything to interpret. Judges: Arden LJ Citations: [2002] 2 FLR 681, [2002] EWCA Civ 798 Jurisdiction: England and Wales Cited by: Cited – AHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation … Continue reading Re S (Freeing for Adoption): CA 2002
ECJ The provisions of the Treaty relating to the free movement of persons are intended to facilitate the pursuit by Community citizens of occupational activities of all kinds throughout the Community and preclude measures which might place Community citizens at a disadvantage when they wish to pursue an economic activity in the territory of another … Continue reading Regina v Immigration Appeal Tribunal and Surinder Singh, ex parte Secretary of State for the Home Department: ECJ 7 Jul 1992
Europa A national court or tribunal is not empowered to bring a matter before the Court by way of a reference for a preliminary ruling under Article 177 of the Treaty unless a dispute is pending before it in the context of which it is called upon to give a decision which could take into … Continue reading The Society for the Protection of Unborn Children Ireland Ltd v Stephen Grogan and others: ECJ 4 Oct 1991
The 1990 Act lays great emphasis upon consent. Scientific techniques developed since the first IVF baby open up the possibility of creating human life in quite new ways bringing huge practical and ethical difficulties. These have to be balanced against the strength and depth of the feelings of people who desperately long for the children … Continue reading Mrs U v Centre for Reproductive Medicine: CA 2002
At a fertility clinic, eggs were fertilised with the sperm from the wrong father. It was noticed only because after the birth of the twins, the colour of their skin was different from the mother and putative father. Held: Difficult issues of medical confidentiality had arisen. The HFEA had conducted a preliminary investigation and imposed … Continue reading Leeds Teaching Hospitals NHS Trust v Mr and Mrs A, YA, ZA, Mr and Mrs B T Authority: QBD 4 Nov 2002
Not every natural father has a right to respect for his family life with regard to every child of whom he may be the father (see also McMichael v United Kingdom (1995) 20 EHRR 205). The application of Art 8(1) will depend upon the facts of each case.’ Citations: [2001] 1 FLR 646 Jurisdiction: England … Continue reading Re H; Re G (Adoption: Consultation of Unmarried Fathers): CA 2001
A cloned cell, a cell produced by cell nuclear replacement came within the definition of embryo under the Act. The Act required that fertilisation was complete. Held: The act could be applied in a purposive way. The legislative policy was that it was essential to bring the creation and use of embryos under strict regulatory … Continue reading Regina (Quintavalle) v Secretary of State for Health: CA 18 Jan 2002
The mother and father of the child were not married, but had consented to the terms of their infertility treatment. The father donated his sperm, but the mother was only inseminated after they had separated. The mother appealed a declaration of paternity. Held: The Act clearly provided that the embryo was created at the time … Continue reading In re R (Parental responsibility: IVF baby): CA 19 Feb 2003
The court is concerned with an application for a parental order made by Mr and Mrs X in relation to their son, Y who was born in 1998 following a surrogacy arrangement in the United States. Y is a respondent to the application, as is the surrogate, Mrs Z, who carried Y, and her husband, … Continue reading X v Z (Parental Order Adult): FC 5 Apr 2022
The court considered awarding costs in a judicial review case: ‘There will be no order as to costs in this House, as the Crown has very properly agreed (since this is a case of general importance, and the respondent is a poor man) to pay the costs of all parties in any event.’ Judges: Viscount … Continue reading Barnard v Gorman: HL 1941
A mother applied for financial provision for her twin children under 1989 Act Sch 1. The father asked whether he was their parent within the Schedule. They had been born by artificial insemination. He accepted that he was the donor of the sperm and the biological father, but said that whilst he willingly donated the … Continue reading Re B (Parentage): FD 1996
Lawfulness of Contraceptive advice for Girls The claimant had young daughters. She challenged advice given to doctors by the second respondent allowing them to give contraceptive advice to girls under 16, and the right of the first defendant to act upon that advice. She objected that the advice infringed her rights as a parent, and … Continue reading Gillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security: HL 17 Oct 1985
Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992
Recognition of illegitimate children The complaint related to the manner in which parents were required to adopt their own illegitimate child in order to increase his rights. Under Belgian law, no legal bond between an unmarried mother and her child results from the mere fact of birth. A recognised ‘illegitimate’ child’s rights of inheritance on … Continue reading Marckx v Belgium: ECHR 13 Jun 1979
The parties were unmarried but entered into IVF treatment together. They separated, but the mother continued with treatment, not telling the IVF center of the breakdown of the first relationship, and nor of her new relationship until after the successful insemination. The father sought a declaration of paternity. Held: The court had jurisdiction under the … Continue reading B and D v R: FD 22 Feb 2002
The claimants and their former partners had undergone fertility treatment resulting in frozen embryos being kept pending possible implantation. The relationship had in each case failed, and the potential fathers had refused consent, but the claimants sought to be allowed to have the eggs implanted. Held: Permission was refused. The father’s consent was required to … Continue reading Evans v Amicus Healthcare Ltd and others; Hadley v Midland Fertility Services Ltd and Others: FD 1 Oct 2003
The restriction on the freedom to provide human fertility treatment to licensees of the Authority was not a breach of the EU treaty. There is a particular need for certainty in provisions affecting the status of a child. There is a mental element inherent in the notion of ‘treatment together’ and if the respondent had … Continue reading U v W (Attorney-General Intervening): FD 4 Mar 1997
‘Mrs W seeks a Declaration that it is lawful for the sperm of her husband Warren Brewer who died on 7 February 2012 to be stored beyond 18 April 2015 and for a period of up to 55 years until 18 April 2060 so that it can be used by her for the purposes of … Continue reading Warren v Care Fertility (Northampton) Ltd and Another: FD 6 Mar 2014
The children had been born in India to a surrogate mother. The biological father and his civil partner sought a parental order. The mother could not be found to give her consent. She had been provided anonymously through a clinic. Held: The request was granted, and a retrospective authorisation given for the making of payments … Continue reading D and L (Minors Surrogacy), Re: FD 28 Sep 2012
The mother had entered into a surrogacy arrangement to be inseminated, and give birth to the child, but then declined to transfer the child. The intended parents now sought a residence order. Payments had been made toward expenses, but no written agreement had been entered into. Held: None of the three principals had been frank … Continue reading CW v NT and Another: FD 21 Jan 2011
The court was asked whether nurses could properly involve themselves in a pregnancy termination procedure not known when the Act was passed, and in particular, whether a pregnancy was ‘terminated by a medical practitioner’, when it was carried out by nurses acting on the instructions of such a practitioner. Held: The phrase ‘treatment for the … Continue reading Royal College of Nursing of the United Kingdom v Department of Health and Social Security: HL 2 Jan 1981
Pauffley J [2016] EWHC 760 (Fam) Bailii Human Fertilisation and Embryology Act 2008 England and Wales Children, Health Updated: 18 January 2022; Ref: scu.566433
The required Form PP was not on the clinic’s file. Theis J set out four issues which accordingly arose: (1) Did X sign the Form PP so that it complied with section 37(1) of the 2008 Act? (2) If X did, was the Form PP subsequently mislaid by the clinic? (3) Was the treatment ‘provided … Continue reading X v Y v St Bartholomew’s Hospital Centre for Reproductive Medicine (Assisted Reproduction: Parent): FC 13 Feb 2015
The court gave reasons for making a parental order under the 2008 Act in favour of the applicants where a child had been born under surrogacy arrangements which were lawful in the Ukraine where he was born, but would have been unlawful here because of payments going beyond reasonable expenses. Held: The order was made … Continue reading Re IJ (A Child) (Foreign Surrogacy Agreement Parental Order): FD 19 Apr 2011
The House was asked whether the liability of a credit card company under the 1974 Act applied where the contract was performed abroad and subject to foreign law. Held: The principle which disapplied an English statute in an extra-territorial situation did not apply where the creditor was within the UK. Section 75(2) is therefore an … Continue reading Office of Fair Trading v Lloyds TSB Bank PlC and Others: HL 31 Oct 2007