“Throughout our treatment, we signed all the consent forms [the Clinic] gave us and we were consistently recorded as partners. It was our clear understanding throughout that both of us would be recognised as [V’s] legal parents. We relied on [the Clinic] to provide us with the necessary paperwork and had no reason to doubt they had done so correctly.”
“Having reviewed the documentation, it is clear to me that the couple’s intention was always for [Y] to become the legal parent of any child born as a result of [Z’s] treatment. I am not aware of any other documentation or information which indicates otherwise: to the contrary, all of the documentation is consistent in indicating that the couple intended that they both be legal parents.”
“The authorities demonstrate that it is possible for alternative consent documentation to stand in the place of the WP and PP forms such as to meet the statutory requirements in Sections 43 and 44 of the 2008 Act. The alternative documentation must be in writing and signed by both W and P before conception and must demonstrate informed consent… I have already found that the applicants received information and counselling prior to treatment and the seven documents can be interpreted in that context. The applicants' expectation was that the signing of these forms, and for the present I am assuming the alternative case that the WP and PP forms were not signed, had the desired effect; the effect they had been counselled about and given information about and which they plainly wished to bring about of making them both legal parents. It is fair to note that the documentation does not spell out consent to legal parenthood explicitly, but I am satisfied that, taken together, that is the effect of the seven documents. In the circumstances, I am satisfied that I can and should make the declaration sought on both the primary case and the alternative case.”
“I conclude, therefore, that, in principle the court can ‘correct’ mistakes in a Form WP or a Form PP either by rectification, where the requirements for that remedy are satisfied, or, where the mistake is obvious on the face of the document, by a process of construction without the need for rectification.”
“As will be appreciated from the analysis in Re A, Y, as the gestational mother, should have signed Form WP and X, as her partner, should have signed Form PP. In fact, and as a result of what is accepted to have been errors by the clinic, Y completed and signed a Form PP and X completed and signed a Form WP… In these circumstances, and in the light of my findings of fact as set out in paragraph 12 above, it is common ground, and I agree, that, application the principles laid down in Re A, X Is entitled to the relief she seeks.”