Case No. FD21F00068
Family Court

Case No. FD21F00068

Fecha: 18-Feb-2022

or as co-parents’

[emphasis added].24.There is a Clinic record of the mother attending on 16 December 2020 to discuss various aspects of the treatment and the note records her taking a video of what was being said so she can show her ‘husband’, illustrating that there was still a misunderstanding about the parents’ marital status.25.On 5 and 6 January 2021 the parents signed the ‘Consent to Treatment’ form (the IC form) this form required them to confirm‘a) I am progressing treatment as an individualb) We are progressing to treatment as a couple or co-parents’The parents’ ticked the box at b) to confirm they were progressing treatment as a couple or co-parents.26.On 6 January 2021, prior to the treatment cycle starting, a pre-treatment checklist was completed by a member of the nursing team. As Dr Gadd noted in her statement, “The purpose of this checking process is to identify any anomalies/errors and to ensure any errors in/incomplete/missing consent forms are rectified before treatment starts. I would therefore have expected the discrepancies regarding consent forms to have been picked up on during the checking process. Unfortunately, however, the checking process was carried out incorrectly and the errors were not picked up on. The member of the nursing team carrying out the check failed to appreciate/note that the Applicant and Respondent had marked their marital status as not married on the electronic registration form and therefore that PP and WP forms would be required in order for the Applicant to be the legal parent of any child/children resulting from the planned fertility treatment.” As a result of this, the parents were not made aware, and therefore did not complete, Forms PP and WP before treatment.27.Egg retrieval took place on 19 January 2021, the embryo transfer on 24 January 2021 and X was born in October.28.The Clinic did not discover the fact that Forms PP and WP had not been completed until 11 September 2021, when undertaking a routine audit of legal parentage forms. The parents were notified of this error by the Clinic on 15 September 2021. The parent’s statements set out the distress and anxiety caused to them by this development, as it was shortly before X’s birth.29.X’s birth was registered naming Z as his mother with no father being named.