Assisted Reproduction Flashcards
Blood Case
Mr and mrs blood had been trying for a baby, mr blood died after being comatose. Whilst comatose mrs blood took sperm but was not allowed to impregnate herself in the UK she could in belgium.
changed 1990 legislation - written permission/consent is required for removal of gametes.
L v HEFA
L had a child but had been trying for another one with her hiusband. Husband died. L received permission from a low court stating that she could have the sperm removed within 24 hours. HEFA would not let her use it as husband had not written his consent.
Re R (a child) (IVF: Paternity)
Couple were having IVF after finding out the boyfriend was infertile. First round unsuccessful. Broke up. Second round successful although boyfriend didn’t consent.
Held - boyfriend had no PRRs as no biological or social ties to the child.
C v S
Surrogacy
Infertile couple paid £8000 for surrogate. after handing over the baby, she wanted it back but couple kept it. Agreement couldn’t be signed if parties do not all agree. Court allowed couple PRRs and refused mother access - neither happy. Higher court - couple adoption order so named parents.
A v P
indian surrogate for couple, went to get parental order but husband died and needed to be 2 applicants. Court allowed the order as there was two parents at the beginning.
Z (a child)
not allowed single applicants. got a child in US
change in the law to allow single applicants.