Source: All England Reporter
Publisher Citation: [2003] All ER (D) 266 (Feb)
Neutral Citation: [2003] EWCA Civ 182
Court: Court of Appeal, Civil Division
Judge:

Sir Andrew Morritt V-C, Hale and Dyson LJJ

Representation Andrew McFarlane QC and Leona Harrison for the mother.
  Pamela Scriven QC and James Gatenby for the respondent.
  Peter Jackson QC for the child's guardian.
Judgment Dates: 19 February 2003

Catchwords

Children and young persons - Paternity - Determination - Appeal against declaration of paternity - 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 claim paternity pursuant to s28(3) of the the embryo which resulted in the birth of a child had to be placed in the mother at a time when treatment services were being provided for the woman and the man together.

Practice Areas

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