This is the latest in a series of judgments relating to the Human Fertilisation and Embryology Act 2008.
In this case, female civil partners (referred to as 'X' and 'Y') had had a child through intra-uterine insemination. X had carried the baby, but they had agreed and intended that her partner, Y, would also be a legal parent to the child.
Some time later, the clinic contacted X and told her that it could not find the paperwork that Y had signed to confirm her consent to legal parenthood. She was told that in order for Y to become a legal parent, she would now have to adopt the child instead, and an adoption order was eventually made.
The High Court rejected the view that adoption was necessary, and concluded that there was more than sufficient evidence to show that Y had always consented to legal parenthood, even without the paperwork being available. The adoption order was revoked and a declaration of legal parenthood was made in Y's favour instead.
As a firm, we are following this complex and developing area of law closely and can provide detailed advice on it.
In the Matter of the Human Fertilisation and Embryology Act 2008 (Case O)