2 women 1 baby no case?

Vomityspice

The law on IVF (and other methods) is clear... I'll work through the problem to hopefully cover all the unknowns:

The relevant law is contained in the Human Fertilisation & Embryology Act 1990 and regulated by the HF&E Authority

So the question is 'Who are the legal parents'?

HF&E Act 1990 s.27 "The woman who...has carried a child...and no other woman, is to be treated as the mother of the child".




Fatherhood is simply a matter of genetics (i.e., who provided the sperm?). But note HF&E Act 1990 s.28


s.28 (2) if…at the time of the placing in her of the embryo or the sperm and eggs or of her insemination, the woman was party to a marriage…then…the other party shall be treated as the father of the child unless it is shown that he did not consent.


s.28 (3) if no man is treated by virtue of (2) above as the father of the child, but the embryo or the sperm and eggs were placed in the woman, or she was artificially inseminated, in the course of treatment services provided for her and a man together by a person to whom a licence applies…..the man shall be treated as the father of the child.


And s.28(6), with schedule 3 para 5, makes it clear that the sperm donor to a licensed clinic will not be regarded as the legal father.

The question as to if this applies to a 'same sexed' couple has already been answered. See:

http://business.timesonline.co.uk/tol/business/law/article1952139.ece

(Simply the answer is 'not yet'!)

Hope that helps!

Peanuckle

It helps a lot, thank you

Vomityspice

Forgot to add.....

• "Consent" under s.28(2)? :

in the course of treatment services" under s.28(3)? :
Re R (A Child) (2003) (CA) [2003] NLJ 317 (see "Case summaries") now dealt with by the House of Lords as Re D (A Child) [2005] UKHL 33 (full report). per Lord Walker of Gestingthorpe : “the very significant legal relationship of parenthood should not be based on a fiction” and so if “at the material time there is no longer any ‘joint enterprise’ between the woman and her ex-partner” the man is not the father .



I've removed the link to re R (A Child) as it's not relevent, the more important judgement is 'Re D (A Child)'.






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