Judge tells fertility clinics to make sure parent ‘status’ paperwork in order

Mrs Justice Theis issued a warning after a couple were told ‘our baby might not be our baby any more’ because forms had not been completed.

Fertility clinics have been warned by a judge to make sure paperwork relating to the ‘parental legal status’ of children is in order (Alamy/PA) (PA Wire)

A High Court judge has told fertility clinics to make sure paperwork relating to the “parental legal status” of children is in order.

Mrs Justice Theis warned clinic bosses to ensure that “robust systems” were in place after overseeing litigation centred on a couple who were told that “our baby might not be our baby any more” because of a paperwork problem.

She said it was not the first case where a clinic audit had revealed “relevant” forms had not been completed.

The judge, who is based in the Family Division of the High Court in London, outlined her concerns in a written ruling on the couple’s case.

She said she had to consider what evidence there was to satisfy legal parenthood requirements in the couple’s case.

Mrs Justice Theis said the baby at the centre of the case could not be identified in media reports of the litigation, but named the clinic involved as the Herts and Essex Fertility Centre, in Cheshunt, Hertfordshire.

This demonstrates the need for clinics who undertake this type of treatment to take every step to ensure they have robust systems in place to avoid what happened in this case occurring again

Mrs Justice Theis

The judge said a manager at the Herts and Essex Fertility Centre had told her that a clinic audit had revealed “99.18% compliance”.

“This is another case where an audit of a licensed clinic has discovered that the relevant forms have not been completed, resulting in uncertainty about the parental legal status of a child born to individuals undergoing fertility treatment,” said Mrs Justice Theis, in a case ruling which has been published online.

“The ramifications of non-compliance, on even a limited number of individuals, are far reaching.”

She said the couple had described their “shock” at being told by the clinic about “difficulties regarding the forms”.

“We had been through such a long journey,” they had said in a statement.

“We couldn’t believe that at this stage, after all we had been through, we were being told that our baby might not be our baby any more.”

Mrs Justice Theis added: “This demonstrates the need for clinics who undertake this type of treatment to take every step to ensure they have robust systems in place to avoid what happened in this case occurring again.”

She said the couple involved in the case were an unmarried couple, had lived together for more than five years, and “due to medical reasons” were “unable to conceive”.

A barrister representing the couple had suggested a solution to the problem of establishing the baby’s legal parenthood.

Natalie Gamble argued that there was no need to “resolve” an issue relating to a form.

She said was “other evidence” relating to signed “consent documents” which would satisfy legal requirements.

Mrs Justice Theis agreed.

She concluded that evidence presented in the couple’s case meant legal requirements were met and made a “declaration of parentage”.