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Re R (Paternity of IVF Baby) - Unmarried paternity under the Human Fertilisation and Embryology Act 1990 [2003] CFLQ 327

Date:23 SEP 2011

Unmarried fatherhood after assisted conception, where the sperm of the would-be father was not used in the conception, was novel when it was introduced in the Human Fertilisation and Embryology Act 1990. It created a tie between a man and a child where 'nature' had not provided one, and where there was no formal relationship with the mother. But how narrowly should the provision that created fatherhood of this sort be construed? Where unmarried partners separate before a treatment programme ends should the child be fatherless? 

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