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Family Section

Re AK (Human Fertilisation and Embryology Act 2008) [2017] EWHC 1154 (Fam)

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Had the applicant given written notice consenting to be the child’s parent? Yes, despite erroneously signing a Form WP

A novel point of law arose where the former same-sex partner of the mother (‘M’) applied for a declaration that she was the child’s legal parent. Form WP (consent to your partner being the legal parent) had been completed by M. However, the applicant had also completed Form WP as if she was M’s representative, signing on M’s behalf. A completed and signed Form PP would not be found and neither could Form IC. 

The issue was whether the applicant had given written notice consenting to being the parent of a child resulting from treatment provided to M. As she had signed Form WP, the question was whether Form WP signed by both M and the applicant was effective both as notice given by M (section 44(1)(b)) and as notice given by the applicant (section 44(1)(a)). Munby P held that it was. When the applicant had signed Form WP, everyone present believed she was acknowledging and recording that she was to be the legal parent.

 

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