The recently reported case of A v B [2025] EWFC 48 considered an application for a declaration of parentage under section 55A of the Family Law Act 1986 (which confirms if a person is the legal or biological parent of a child) and highlighted the importance of correct legal procedures being followed when undergoing fertility treatment, which include:
- consent forms acknowledging the parties understanding and agreement being signed; and
- signed legal agreements if donor sperm, eggs, or embryos are used to clarify the rights and responsibilities of all parties involved.
The case was brought before the court following an audit which revealed that the relevant forms had not been completed by A and B. This resulted in uncertainty about the legal status of the child, C who was born as a result of fertility treatment. The Judge made reference to the importance of clinics having robust systems in place to avoid the issues in this case from arising again.
Background of the case
The parties, A and B always planned to have a family. They went to a fertility clinic which was part of their local NHS Trust.
A’s sperm was used to create embryos. However, the couple decided that they would have IVF treatment using B’s eggs and a donor’s sperm. They completed the consent forms prior to and during their first treatment cycle and on all of theses forms B consistently named A as her partner. Both agreed that the other would be the legal parent to a child born as a result of the treatment. B also completed a form naming A as her partner which consented to the use of her eggs to create embryos for her treatment and to the storage of the embryos for ten years.
After two unsuccessful treatments, the couple moved to another fertility clinic although they still used the first clinic for scans and tests. The transfer of their treatment to the other fertility clinic was arranged and the couple were provided with details for the clinic’s online consent platform.
The couple attended a treatment planning appointment. During this appointment A was incorrectly asked to complete a form to consent to be registered as a legal parent in the event of death. A completed this by hand and provided his partners details and consented to be registered as a legal parent of any child being born as a result of B’s treatment after his death.
The first treatment was not successful. The couple then opted for treatment to take place with a natural frozen transfer. The couple were later asked to complete additional consent forms including consent to frozen embryo transfer. B emailed the clinic to check that they had the forms in respect of the legal parentage and was reassured that they did. Further consent forms were completed including an internal clinic consent to frozen embryo transfer.
B underwent a frozen embryo transfer with A in attendance. It was successful.
At an audit of the case, it was noticed that certain forms had not been completed.
The child, C was born in June 2024. Both A and B were registered as C’s parents. The court had to consider whether they could both be legal parents due to certain forms not having been completed.
Her Honour Judge Cope determined that B was C’s mother on the basis that she carried him as a baby following her treatment at the clinic. A could only become C’s legal parent by way of declaration of parentage.
The Judge determined that it was always the intention of both parties that they would both be the legal parents of any child born as a result of the fertility treatment and they both believed that they had done all that they needed to in order to meet the statutory and regulatory requirements for both treatment cycles, including those relating to legal parenthood.
The court made a declaration of parentage. Both A and B were registered as C’s legal parents.
Conclusion
The case highlights the importance of completing the correct and required forms in undertaking fertility treatment.
If you need any advice on fertility issues, please contact our specialist Children team on 0345 450 5558 or enquiries@stephens-scown.co.uk