| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 164 (May) |
| Neutral Citation: | [2005] UKHL 33 |
| Court: | House of Lords |
| Judge: | Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Hope of Craighead and Lord Walker of Gestingthorpe |
| Representation | Julia Macur QC and James Gatenby for B. |
| Andrew McFarlane QC and Leona Harrison for the mother. | |
| Peter Jackson QC for the child's guardian. | |
| Judgment Dates: | 12 May 2005 |
Catchwords
Children - Paternity - Determination - Child born after IVF treatment with donor sperm - Unmarried mother having started treatment together with partner - Parties having separated before implantation of embryo which resulted in birth of child - Former partner not legal father of child - , s 28(3).
The Case
In order for a man to be able to claim paternity of a child conceived by means of in vitro fertilisation under s28(3) of the the embryo had to have been placed in the mother at a time when treatment services were being provided for her and the man together.
Practice Areas
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