When fertility treatment does not go entirely to plan on paper, the consequences can be life-changing. In this case, Tees acted for the non-birth parent seeking a declaration of parentage after a historic paperwork error came to light years after two children were conceived through donor sperm treatment. The case highlights how the Family Court can, in the right circumstances, correct fertility clinic consent issues to reflect the parties’ true intentions and secure legal parenthood.
For context
Two children were conceived through fertility treatment using donor sperm. Both adults involved believed they had completed the necessary clinic consents so that the non-birth parent would be treated in law as a parent. Years later, an audit revealed a key consent form had been completed incorrectly. By the time the issue came to light, the adults had separated and there was an active dispute about the children’s arrangements.
The central legal issue for the Family Court was whether this administrative error could be rectified so that the parties’ original shared intention regarding legal parenthood could be given legal effect under the Human Fertilisation and Embryology Act 2008.
What happened next
Tees advised and supported the non-birth parent through contested Family Court proceedings. Our work included:
- Clarifying the legal route: We advised on applications for a declaration of parentage and the court’s power to correct obvious errors in clinic consent documentation under the Human Fertilisation and Embryology Act 2008.
- Building the evidence: We obtained and reviewed the clinic records, the relevant consent forms, and evidence about the parties’ shared intention at the time of treatment.
- Keeping the focus on the children: We ensured the court had a clear picture of why legal parenthood matters for identity, security and lifelong legal rights.
- Managing a contested position: We responded to arguments that post-separation conduct should prevent the court granting relief, keeping the case anchored to the statutory framework and the position at the time of treatment.
The outcome
The court was satisfied the consent form contained an obvious mistake and could be corrected.
A declaration of parentage was made in favour of the non-birth parent, providing legal certainty and dismissing the competing application for non-parentage.
Why Tees made a difference
Legal parenthood affects far more than day-to-day arrangements. It can impact a child’s identity and security, as well as important practical issues such as parental responsibility, inheritance and long-term decision-making. When fertility clinic paperwork is defective, specialist advice can be crucial for securing the position intended from the outset.
- Tees was able to navigate a complex and technical area of law with clarity and precision
- Anchor the case in the parties’ intention at the time of treatment, which is often decisive in fertility-related parentage disputes
- Present a clear and child-focused narrative to the court, highlighting the importance of legal certainty
- Manage a contested family dynamic while keeping proceedings focused on the legal framework rather than post-separation disputes
This combination of legal expertise and sensitive case management helped secure an outcome that reflected what the family had always believed to be in place.
Giving you the full picture
If you are facing uncertainty around fertility treatment consent, legal parenthood, or parentage disputes, early legal advice can make a significant difference to the outcome.
>Contact Tees to speak to our family law team about your situation and how we can help secure clarity and certainty for you and your family.
