In re R (Parental responsibility: IVF baby): CA 19 Feb 2003

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 the fertilised embryo was placed in the womb. The time at issue under the Act was whether the act was ‘in the course of treatment services provided for her and a man together’. In this case, at that time, the father and mother were not together, and the biological father was not to be treated as the legal father.


Sir Andrew Morritt VC, Hale, Dyson LJJ


[2003] EWCA Civ 182, Gazette 03-Apr-2003, [2003] 2 All ER 131, [2003] Fam 129


Human Fertilisation and Embryology Act 1990 28(3), Children Act 1989 4(1)(a) 10(4)


England and Wales


CitedU v W (Attorney-General Intervening) FD 4-Mar-1997
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 . .
Appeal fromB and D v R FD 22-Feb-2002
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 . .

Cited by:

CitedEvans v Amicus Healthcare Ltd and others CA 25-Jun-2004
The applicant challenged the decision of the court that the sperm donor who had fertilised her eggs to create embryos stored by the respondent IVF clinic, could withdraw his consent to their continued storage or use.
Held: The judge worked . .
Appeal fromIn Re R (Parental responsibility: IVF baby); D (A Child), Re HL 12-May-2005
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 . .
Lists of cited by and citing cases may be incomplete.

Family, Children

Updated: 05 May 2022; Ref: scu.179542