Latest articles
UK Immigration Rough Sleeper Rule
Aaron Gates-Lincoln, Immigration NewsThe UK government has recently introduced a controversial new set of rules that aim to make rough sleeping grounds for refusal or cancellation of a migrant’s...
Teaching Hospitals NHS Trust v DV (A Child) [2021] EWHC 1037 (Fam)
(Family Division, Cohen J, 19 April 2021)Medical Treatment – 17-year-old had form of bone cancer and required surgery For comprehensive, judicially approved coverage of every important...
Domestic Abuse Bill
Aaron Gates-Lincoln, Immigration NewsAfter years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final...
Coercive control and children’s welfare in Re H-N and Others
When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These ‘private law orders’ can...
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
View all articles
Authors

PATERNITY: Re R (IVF: Paternity of Child) [2005] UKHL 33

Sep 29, 2018, 17:21 PM
Slug : re-r-ivf-paternity-of-child-2005-ukhl-33
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : May 12, 2005, 04:22 AM
Article ID : 86081

(12 May 2005; Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Hope of Craighead and Lord Walker of Gestingthorpe; House of Lords) [2005] 2 FLR 843, [2005] The Times May 12

The mother and her unmarried male partner sought fertility treatment involving donor sperm and the man signed a 'male partner's acknowledgement', acknowledging that he intended to become the legal father of any resulting child. By the time the treatment had resulted in a pregnancy, the couple had separated, although the mother had concealed this from the fertility centre in order to continue with the treatment. When the child was born, the man obtained a declaration of paternity, but the Court of Appeal allowed the mother's appeal. Adopting the reasoning and conclusions of the Court of Appeal, the House of Lords held that in conferring the relationship of parent and child on people who were related neither by blood nor marriage the rules must be applied very strictly. If, as in this case, the 'joint enterprise' of fertility treatment had ended by the time the successful treatment had begun, because by that stage the consenting couple had separated, the man was not the legal father of the resulting child.

Categories :
  • Archive
  • Judgments
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from