||All England Reporter
|| All ER (D) 266 (Feb)
|| EWCA Civ 182
||Court of Appeal, Civil Division
Sir Andrew Morritt V-C, Hale and Dyson LJJ
||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.
||19 February 2003
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).
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.
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