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

Date:10 OCT 2005

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

The House of Lords held that the Human Fertilisation Act 1990, s 28(3) was unusual in that it conferred the relationship of parent and child on people who were neither related by blood nor by marriage. The embryo must be placed in the mother at a time when treatment services were being provided for the man and the woman together. The concept of providing treatment services for two people involved a mental element.