Assisted Conception

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  • Assisted Conception
    • Who's is the mother?
      • S33 2008 - the woman who gives birth is the legal mother
      • S27 1990 Act - birth mother
    • Who is the father?
      • S35 -  the natural father will be the man married to the woman undertaking IVF procedure and has consented to the woman be impregnated by donor sperm - wether the procedure takes placed in a licensed clinic or not
        • genetic link is irrelevant
          • Re CH (Contact Parentage) 1996
      • Common law presumption
        • Re H & A [2002]
      • S37 - a man will be treated as the father if the 'agreed fatherhood conditions' are met
        • 1) the woman consents
          • 2) the man consents
      • pre 2008 - s28 HFEA 1990
        • Leeds Teaching Hospitals NHS Trust v A 2003
          • issues of consent - 28(6)
      • S36 - unmarried - must take place in licensed clinic
        • S37 - a man will be treated as the father if the 'agreed fatherhood conditions' are met
          • 1) the woman consents
            • 2) the man consents
    • Position of sperm donor
      • S41 -  a male who consents to the use of his sperm for treatment will not be the legal father 
      • S38(1) -  if the father is to be treated as the legal father then no other person can be treated as the legal father 
    • Egg donor
      • S47 -  if you have donated your egg you are the genetic mother - the woman will not be treated as the mother of the child
    • A couple in a civil partnership
      •  2008 act allows same sex couples to go undertake artificial insemination wether by way of DIY process or IVF in a licensed clinic
      • S42 - there is no legal father but a legal second parent
        • S14(2) the need for a father replaced by need for supportive second parent
    • Same sex relationship
      • S43 & 44 - same sex partner
    • Cases
      • fragmentation of parenthood
        • Re G 2006
          • S43 & 44 - same sex partner
          • S42 - there is no legal father but a legal second parent
            • S14(2) the need for a father replaced by need for supportive second parent
      • A v B & C (Contact: Alternative Families [2012]
        • Re G (A Minor); Re Z (A Minor) [2013] EWCH 134 (Fam)
    • Leeds Teaching Hospitals NHS Trust v A 2003
      • issues of consent - 28(6)

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