Relevant Background
8.X was conceived through IVF treatment at the Clinic using donor sperm. Both the mother and father had been married before, X is the only child conceived during their relationship. They each have children from their previous marriages.9.The history of their treatment is derived from the case files held by the Clinic.10.The mother contacted the Clinic on 12 October 2020 to arrange an appointment for her and the father. The mother had used the Clinic previously to conceive her older child. The information given by the mother was entered onto the Clinic’s system. The mother said the father was still married, albeit separated. As a consequence, his marital status was entered into the Clinic’s system as ‘married’. The Clinic accept this was an error. 11.Both parents attended a consultation on 20 October 2020. It was agreed the father would undergo a surgical procedure to attempt to retrieve sperm for analysis.12.On 22 October 2020 both parents completed and signed a document entitled ‘Contract for Freezing and Storage’. Both parents ticked the box which states: “We are progressing to treatment as a couple or as
- Approved Judgment
- Introduction
- Relevant Background
- co-parents
- “Do you consent to embryos created before your death being transferred to your partner after your death, and to being registered as the legal parent of any child born from your partner’s treatment after your death (ie, posthumous birth registration)?
- or as co-parents’
- The Legal Framework
- The agreed fatherhood conditions
- (b) W has given the person responsible a notice stating that she consents to M being so treated,
- A notice under subsection (1)(a), (b) or (c) must be in writing and must be signed by the person giving it.
- Submissions
- Discussion and decision