UK woman allowed to use dead daughter’s eggs in US – BBC News

Posted September 12th, 2016 in appeals, assisted reproduction, consent, grandparents, news by sally

‘A woman wanting to use her dead daughter’s frozen eggs to give birth to her own grandchild is being allowed to export them to the US for treatment.’

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BBC News, 9th September 2016

Source: www.bbc.co.uk

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Couple told they must adopt own baby after failing to check tick box on form – The Independent

Posted August 30th, 2016 in adoption, assisted reproduction, documents, news, parental responsibility by sally

‘A centimetre of ink” nearly came between a couple and their child when the pair were told by a hospital they would have to adopt their child after failing to cross a tick box on a fertility treatment form.’

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The Independent, 29th August 2016

Source: www.independent.co.uk

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Fertility regulator wrongfully denied consent for mother’s surrogacy – UK Human Rights Blog

Posted July 5th, 2016 in appeals, assisted reproduction, consent, news, surrogacy by sally

‘The Court of Appeal has ruled that a 60 year old woman may use her daughter’s frozen eggs to give birth to her own grandchild. Her daughter, referred to as A in the judgment, died of cancer at the age of 28 in 2011. The High Court had dismissed M’s argument that the HFEA had acted unlawfully by refusing to allow the eggs to be exported to a fertility clinic in the United States where an embryo would be created using donor sperm, and implanted in the mother.’

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UK Human Rights Blog, 1st July 2016

Source: www.ukhumanrightsblog.com

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British woman, 60, who wants to use dead daughter’s eggs to give birth to her own grandchild in world first wins legal appeal – Daily Telegraph

Posted June 30th, 2016 in appeals, assisted reproduction, embryology, grandparents, news, surrogacy by tracey

‘A woman who wants to use her dead daughter’s frozen eggs to give birth to her own grandchild has won a Court of Appeal battle.’

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Daily Telegraph, 30th June 2016

Source: www.telegraph.co.uk

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In re G (Human Fertilisation and Embryology Act 2008) – WLR Daily

In re G (Human Fertilisation and Embryology Act 2008) [2016] EWHC 729 (Fam)

‘The applicant, X, who was at all material times in a same-sex relationship with Y, was the biological mother of twins, born as a result of IVF treatment provided by a licensed fertility clinic to Y, the gestational mother and the twins’ legal parent. Y was at all material times in a civil partnership with, though separated from, another woman who was not a party to the proceedings. Y, as the gestational mother, should have signed Form WP, and X, as her partner, should have signed Form PP. In fact, and as a result of what was accepted to have been errors by the clinic, Y completed and signed a Form PP and X completed and signed a Form WP. A similar mistake was made in relation to the Form IC signed by both Y and X. X, supported by Y, sought a declaration pursuant to section 55A of the Family Law Act 1986 that she was, in accordance with section 43 of the Human Fertilisation and Embryology Act 2008, the legal parent of the twins and in the circumstances it was common ground that X was entitled to the relief she sought. The issues were: (1) whether that was a conclusion that the court could come to simply by a process of construction or whether the proper form of order was a decree of rectification and (2) arising out of the fact that Y was at all material times in a civil partnership with another woman, the potential impact of section 42(1) of the Human Fertilisation and Embryology Act 2008 which provided: “If at the time of the placing in her of the embryo or the sperm and eggs or of her artificial insemination, W was a party to a civil partnership or a marriage with another woman, then subject to section 45(2) to (4), the other party to the civil partnership or marriage is to be treated as a parent of the child unless it is shown that she did not consent to the placing in W of the embryo or the sperm and eggs or to her artificial insemination … ”’

WLR Daily, 6th April 2016

Source: www.iclr.co.uk

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Estranged lesbian couple’s fight over child goes to supreme court – The Guardian

‘The question of whether a seven-year-old girl, caught up in an international dispute between her estranged lesbian mothers, should be subject to British justice is to be decided by the supreme court.’

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The Guardian, 8th December 2015

Source: www.guardian.co.uk

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Fertile ground – New Law Journal

Posted November 16th, 2015 in assisted reproduction, consent, mistake, news, rectification by sally

‘Kirstie Gibson considers the court’s approach to the acquisition of parenthood.’

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New Law Journal, 13th November 2015

Source: www.newlawjournal.co.uk

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Court orders girl with two mothers to stay in touch with two fathers – The Guardian

Posted October 16th, 2015 in assisted reproduction, children, contact orders, news, paternity by sally

‘A 14-year-old girl who was born as a result of donor fertilisation and is now embroiled in an “extraordinary” high court case has been ordered to stay in touch with her two “fathers” against her wishes.’

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The Guardian, 15th October 2015

Source: www.guardian.co.uk

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In re Human Fertilisation and Embryology Act 2008 (Cases A, B, C, D, E, F, G and H) – WLR Daily

In re Human Fertilisation and Embryology Act 2008 (Cases A, B, C, D, E, F, G and H) [2015] EWHC 2602 (Fam); [2015] WLR (D) 387

‘Although directions given by the Human Fertilisation and Embryology Authority (“HFEA”) from time to time in accordance with its statutory powers had at all material times required that any consent required under sections 37(1) and 44(1) of the Human Fertilisation and Embryology Act 2008 “must” be recorded in a specified form, the court could (i) act on parol evidence to establish that forms which could not be found were in fact properly completed and signed before treatment began, and (ii) correct mistakes in the forms either by rectification where the requirements for that remedy were satisfied, or where the mistake was obvious on the face of the document, by a process of construction without the need for rectification.’

WLR Daily, 11th September 2015

Source: www.iclr.co.uk

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Legal Parenthood: Modern Problems, Old Solutions – A review of The HFEA (A and Others) [2015] EWHC 2602 – Family Law Week

Posted October 1st, 2015 in assisted reproduction, consent, news, parental responsibility by sally

‘Deirdre Fottrell QC, 1 Garden Court Chambers, and Jemma Dally, Partner, Goodman Ray LLP, explain the factual background and legal issues involved in the President’s recent judgment in The Matter of the HFEA (A and Others)’

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Family Law Week, 28th September 2015

Source: www.familylawweek.co.uk

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“Widespread incompetence” of fertility regulator and clinics lamented by President of Family Division – UK Human Rights Blog

Posted September 15th, 2015 in assisted reproduction, consent, human rights, news, parental responsibility by tracey

‘A and others (In the matter of the Human Fertilisation and Embryology Act 2008).
This case is best summed up in Sir James Munby’s own words: “This judgment relates to a number of cases where much joy but also, sadly, much misery has been caused by the medical brilliance, unhappily allied with the administrative incompetence, of various fertility clinics. The cases I have before me are, there is every reason to fear, only the small tip of a much larger problem.” ‘

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UK Human Rights Blog, 11th September 2015

Source: www.ukhumanrightsblog.com

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Mother’s bid to use dead daughter’s eggs fails – BBC News

Posted June 16th, 2015 in assisted reproduction, consent, grandparents, news by sally

‘A mother cannot use her dead daughter’s frozen eggs to give birth to her own grandchild, the High Court in London has ruled.’
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BBC News, 15th June 2015

Source: www.bbc.co.uk

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Pensioner spared jail after stabbing wife, 77, through heart – Daily Telegraph

‘Anthony Mann, 78, kissed chronically-ill wife Jean and said ‘I love you’ after pressure of caring for her led to ‘impulse’ crime .’

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Daily Telegraph, 13th April 2015

Source: www.telegraph.co.uk

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Man wins £39k over IVF baby deceit – BBC News

Posted March 23rd, 2015 in assisted reproduction, child support, children, damages, deceit, news, paternity by sally

‘A woman who conned her former husband into believing he was the father of her IVF baby has been ordered to pay £39,000 in damages at the High Court.’

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BBC News, 20th March 2015

Source: www.bbc.uk

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Non-genetic parentage under the HFEA 2008 – Tanfield Chambers

Posted March 20th, 2015 in assisted reproduction, embryology, news, parental rights by sally

‘Where a child is conceived with donor sperm, parentage is normally determined under the Human Fertilisation and Embryology Act 2008. S.33 provides that the woman who bears the child will be the mother, regardless of whether the egg was hers or came from a donor. If she is married or in a civil partnership, her spouse or civil partner will be the other parent, unless it is shown that the spouse or civil partner did not consent to the treatment – s.35 and s.42. Otherwise, ss.36 and 37 provide that a man (who will normally be the mother’s partner) will be the child’s father if:

(i) the treatment is provided by a clinic in the UK under a licence from the HFE Authority; and

(ii) both parties give written notice to the clinic consenting to such parentage.’

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Tanfield Chambers, 20th February 2015

Source: www.tanfieldchambers.co.uk

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Lecturer sues ex-wife for £100,000 after being told IVF son is not his – Daily Telegraph

Posted March 17th, 2015 in assisted reproduction, compensation, damages, news, paternity by sally

‘The man, who cannot be named, claims he had no idea that his then wife used her ex-boyfriend’s sperm rather than his to father her child.’

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Daily Telegraph, 16th March 2015

Source: www.telegraph.co.uk

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Mitochondrial Donation – Family Law Week

Posted February 18th, 2015 in assisted reproduction, embryology, families, news by sally

‘Professor Nils Hoppe and Katy Rensten, both of Coram Chambers, look at the House of Commons debate and the proposed regulations concerning mitochondrial donation and argue for a serious and measured consideration of this important development.’

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Family Law Week, 17th February 2015

Source: www.familylawweek.co.uk

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New three-parent baby law ‘is flawed and open to challenge’, says senior lawyer – The Independent

Posted January 15th, 2015 in assisted reproduction, embryology, news, regulations by sally

‘The Government’s attempt to legalise so-called “three parent” babies is open to challenge by judicial review because of serious flaws in the proposed legislation, a senior lawyer has warned.’

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The Independent, 14th January 2015

Source: www.independent.co.uk

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Three parent babies given green light by government – Daily Telegraph

Posted December 18th, 2014 in assisted reproduction, bills, health, news by sally

‘Parliament will now vote on whether to allow a change in legistlation which would see the first three parent babies born by 2016.’

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Daily Telegraph, 17th December 2014

Source: www.telegraph.co.uk

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Sperm deal children ‘irredeemably marred’ by four-parent feud – Daily Telegraph

‘Judge warns of trauma ‘unleashed’ by fallout from ‘known-donor fertilisation’ arrangement between former friends.’

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Daily Telegraph, 3rd November 2014

Source: www.telegraph.co.uk

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