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 given, and the concept under the Act of ‘treatment together’. Any interference with the right to family life was proportionate and necessary.
Statutes: Family Law Act 1986 55A, Human Fertilisation and Embryology Act 1990 28 29
This case cites:
- Cited – U -v- W (Attorney-General Intervening) FD (Gazette 19-Mar-97, Times 04-Mar-97, [1998] Fam 29, [1997] 2 FLR 282)
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 . . - Cited – Pepper (Inspector of Taxes) -v- Hart HL (lip, [1992] 3 WLR 1032, [1993] AC 593, [1993] 1 All ER 42, Bailii, [1992] UKHL 3)
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 . . - Cited – Marckx -v- Belgium ECHR (6833/74, (1979) 2 EHRR 330, Bailii, [1979] ECHR 2)
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. . . - Cited – Kroon And Others -v- The Netherlands ECHR (18535/91, (1995) 19 EHRR 263, Bailii, [1994] ECHR 35, ECHR, , Bailii, [1995] 2 FCR 28)
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 . . - Cited – Re B (Parentage) FD ([1996] 2 FLR 15)
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 . . - Cited – Regina -v- Human Fertilisation and Embryology Authority ex parte DB CA (Times 07-Feb-97, Bailii, [1997] EWCA Civ 946, [1997] 2 WLR 806, Bailii, [1997] EWCA Civ 3092, [1999] Fam 151, Bailii, [1997] EWCA Civ 4003)
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 . . - Cited – McMichael -v- United Kingdom ECHR (Times 02-Mar-95, (1995) 20 EHRR 205, Bailii, 16424/90, ECHR, , Bailii, [1995] ECHR 8)
In the course of care proceedings, medical and social services’ reports were disclosed to the courts, but not to the parents involved.
Held: The courts’ failure to show reports to the parents in care proceedings was a breach of the Convention. . . - Cited – Re H; Re G (Adoption: Consultation of Unmarried Fathers) CA ([2001] 1 FLR 646)
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 . . - Cited – Re S (Freeing for Adoption) CA ([2002] 2 FLR 681, [2002] EWCA Civ 798)
If parliament always foresaw what possibilities might arise, courts would never have anything to interpret. . . - Cited – Mrs U -v- Centre for Reproductive Medicine CA ([2002] EWCA Civ 565)
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 . . - Cited – Mikulic -v- Croatia ECHR (53176/99, Bailii, [2002] ECHR 27, Bailii, ECHR 2002-I)
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 . . - Cited – Re R (A Child) CA (Bailii, [2003] EWCA Civ 182)
. . - Cited – Regina (Rose and Another) -v- Secretary of State for Health and the Human Fertilisation and Embryology Authority Admn (Times 22-Aug-02, Bailii, Gazette 10-Oct-02, [2002] EWHC 1593 (Admin))
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 . . - Cited – Johansen -v- Norway ECHR (17383/90, (1997) 23 EHRR 33, Bailii, [1996] ECHR 31, ECHR, , Bailii)
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 . . - See also – Leeds Teaching Hospitals NHS Trust -v- Mr & Mrs A, YA, ZA, Mr & Mrs B T Authority QBD ([2003] 1 FLR 412)
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 . .
This case is cited by:
- See also – Leeds Teaching Hospitals NHS Trust -v- Mr & Mrs A, YA, ZA, Mr & Mrs B T Authority QBD ([2003] 1 FLR 412)
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 . . - Cited – Quintavalle -v- Human Fertilisation and Embryology Authority HL (Bailii, [2005] UKHL 28, Times 29-Apr-05, House of Lords, [2005] 1 WLR 1061, [2005] 2 AC 561)
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 . .