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 family or private life. Accordingly the decisions made did engage the children’s Human Rights, and the appropriate tests should be applied to that decision making process.
Judges:
Mr Justice Scott Baker
Citations:
Times 22-Aug-2002, Gazette 10-Oct-2002, [2002] EWHC 1593 (Admin)
Links:
Statutes:
European Convention on Human Rights 8
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 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 . .
Lists of cited by and citing cases may be incomplete.
Children, Human Rights, Administrative, Health
Updated: 04 October 2022; Ref: scu.174720