Deirdre Fottrell KC and Melissa Elsworth, instructed by Jemma Dally of Goodman Ray, appeared in the case of Y v Z [2022] EWFC 157. They successfully argued that the Court should make a Declaration of Parentage, for the first time, in circumstances where the intended parents had not signed Forms WP and PP, and neither had they signed any kind of internal consent form which contained explicit parenthood provisions. This mistake came about as the clinic had incorrectly recorded the intended father as being ‘married’. The Court, however, was satisfied, having regard to the counselling sessions the intended parents had attended as well as the various other documents which they had signed (including a PBR form which makes clear that the intended father agreed to being treated as the father of any child born after his death) that the requirements of s.37 HFEA 2008 had been satisfied. The Court had regard to the wording of s.37, which makes clear that notice does not have to be in any particular form provided it is in writing and conveys the necessary consent.
Full Judgment