Strand, London, WC2A 2LL
B e f o r e :
|In the Matter of the Human Fertilisation and Embryology Act 2008|
Hearing date: 18 May 2018
Crown Copyright ©
Sir James Munby, President of the Family Division :
i) The treatment which led to the birth of the child, C, was embarked upon and carried through jointly and with full knowledge by both the woman (that is, Y) and her partner (X).
ii) From the outset of that treatment, it was the intention of both X and Y that X would be a legal parent of C. Each was aware that this was a matter which, legally, required the signing by each of them of consent forms. Each of them believed that they had signed the relevant forms as legally required and, more generally, had done whatever was needed to ensure that they would both be parents.
iii) From the moment when the pregnancy was confirmed, both X and Y believed that X was the other parent of the child. That remained their belief when C was born.
iv) X and Y, believing that they were entitled to, and acting in complete good faith, registered the birth of their child, as they believed C to be, showing both of them on the birth certificate as C's parents, as they believed themselves to be.
v) The first they knew that anything was or might be 'wrong' was when they were contacted by the clinic.
"I am the partner of [Y] and I consent to the course of treatment outlined above. I understand that I will become the legal parent of any resulting child."
Immediately below that, X has written his signature. On the next page of the form there appear, in juxtaposition, the signatures of both X and Y. It is to be noted that the Form C was signed before the coming into force of the 2008 Act.
i) A Form IC in this form is capable of sufficing to meet, and in the present case does suffice to meet, the statutory requirements set out in section 37 of the 2008 Act: see In re A and others (Legal Parenthood: Written Consents)  EWHC 2602 (Fam),  1 WLR 1325, para 63(iii), and a number of subsequent cases, which there is no need for me to enumerate, where the same point has come up.
ii) The fact that the Form IC was executed before the coming into force of the 2008 Act is neither here nor there: see Re Human Fertilisation and Embryology Act 2008 (Case I)  EWHC 791 (Fam),  1 FLR 998, paras 16-19.