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Y and (1) A Healthcare NHS Trust (2) The Human Fertilisation and Embryology Authority (3) Z [2018] EWCOP 18
Date:22 AUG 2018
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Technical Editor

(High Court, Knowles J, 2 August 2018)

Capacity – IVF treatment – Husband left in vegetative state – Whether sperm could be retrieved and stored prior to the husband’s death

The court allowed the wife’s application.



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Neutral Citation Number: [2018] EWCOP 18

Case No: COP13280890
IN THE COURT OF PROTECTION

IN THE MATTER OF THE MENTAL CAPACITY ACT 2005

Royal Courts of Justice
Strand, London, WC2A 2LL


Date: 02/08/2018

Before:


MRS JUSTICE KNOWLES
- - - - - - - - - - - - - - - - - - - - -
Between :

Y
Applicant
- and -

(1) A HEALTHCARE NHS TRUST
(2) THE HUMAN FERTILISATION AND EMBRYOLOGY AUTHORITY
(3) Z (BY HIS LITIGATION FRIEND, THE OFFICIAL SOLICITOR)
Respondents

- - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - -

Mr Michael Mylonas QC (instructed by Vardags) for the Applicant
Miss Claire Watson for the First Respondent (details of instructing solicitors omitted in the interests of anonymity)
Miss Kate Gallafent QC (instructed by Human Fertilisation and Embryology Authority) for the Second Respondent
Miss Sophia Roper (instructed by the Official Solicitor) for the Third Respondent

Hearing dates: 12 July 2018

- - - - - - - - - - - - - - - - - - - - -

Judgment Approved

This judgment was delivered in private. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the family must be strictly preserved. All persons, including representatives of the media, must ensure that this condition is strictly complied with. Failure to do so will be a contempt of court.


Judgment: 
Y and A Healthcare NHS Trust and Others [2018] EWCOP 18.docx
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