The case, D v D, bears striking similarities to one handled by Graysons’ family solicitor, Nicola Cancellara, earlier in the year in which a fertility clinic error led to parent’s distress. In I v Human Fertilisation and Embryology Authority [2016] EWHC 791 (fam), Nicola represented a couple in a successful application for a declaration of parentage under section 55A of the Family Law Act 1986.  That case came before the president of the Family Division, Sir James Munby, in April 2016.

Trivial fertility clinic error leads to anxiety and needless legal proceedings

In his judgement in D v D (Fertility Treatment: Paperwork Error) [2016] EWHC 2112 (fam), The Honourable Mr Justice Peter Jackson made reference to the case being one of a series where an essentially trivial error in paperwork resulted in a married couple going through over a year of anxiety and which led them into completely needless legal proceedings.

The D v D judgement not only sets out the facts which led to the application, but also whether anything could be learnt from the experience so that other families could avoid it.  Justice Jackson and the president of the Family Division drew attention to the requirement to not only sign the ‘consent to being a legal parent form’, but also to tick a box.  They invited the regulatory body, the Human Fertilisation and Embryology Authority, to consider whether this part of the form was a ‘potential trap at worst’.

Judge calls for prompt disclosure of all information

Nicola Cancellara, family law solicitor

The judge also highlighted the importance of avoiding delay in informing couples of problems and the importance of clinics’ compliance with court directions as to the filing of evidence.  Whilst the clinic in this case had properly disclosed all its records at the outset, it was not until 10 days before the final hearing that it filed a statement from the person responsible for the management of the licensable activity.    In his judgement, Judge Jackson said that, had that statement been filed at the earliest stage of the proceedings (January 2016), they may have come to a quicker conclusion.

Let’s hope clinic’s take note so that the anxieties and stress that family’s go through in such circumstances are reduced.  If you need help or advice on a similar issue, please contact Nicola.