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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Not unlawful to refuse egg freezing therapy for Crohn’s sufferer – UK Human Rights Blog

‘There are times when individual need comes up against the inflexible principles of the law and the outcome seems unjustifiably harsh. This is just such a case – where a relatively modest claim based on individual clinical need was refused with no breach of public law principles. As it happens, since the Court rejected her case, the the young woman concerned has been offered private support for the therapy she was seeking. The case is nevertheless an interesting illustration of the sometimes difficult “fit” between principles of public law and the policy decisions behind the allocation of NHS resources.’

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UK Human Rights Blog, 18th April 2014

Source: www.ukhumanrightsblog.com

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Crohn’s patient Lizzie Rose loses egg-freezing case – BBC News

Posted April 16th, 2014 in assisted reproduction, health, human tissue, judicial review, news by tracey

‘A woman with Crohn’s disease has lost a legal challenge against a decision to refuse NHS funding to freeze her eggs.’

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BBC News, 15th April 2014

Source: www.bbc.co.uk

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Life after death – New Law Journal

‘Jonathan Herring explores a clear case of compassion from the courts.’

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New Law Journal, 4th April 2014

Source: www.newlawjournal.co.uk

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Warren v Care Fertility (Northampton) Ltd and another – WLR Daily

Posted March 20th, 2014 in assisted reproduction, consent, human tissue, law reports, time limits, widows by tracey

Warren v Care Fertility (Northampton) Ltd and another: [2014] EWHC 602 (Fam);  [2014] WLR (D)  135

‘Pursuant to section 3 of the Human Rights Act 1998, regulation 4(3)(b) of the Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) Regulations 2009 was required to be construed in a purposive way so as to ensure compatibility with rights under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 6th March 2014

Source: www.iclr.co.uk

 

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Frozen sperm fight ends in victory – BBC News

Posted March 14th, 2014 in assisted reproduction, consent, human tissue, married persons, news by tracey

‘A widow’s legal battle to keep her dead husband’s frozen sperm is finally over after the fertility regulator said it would not take the case back to the courts.’

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BBC News, 13th March 2014

Source: www.bbc.co.uk

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