Leeds Teaching Hospitals NHS Trust v. A
Family Law Reports 2003; 1: 1091-1110
Court Decision:  1 Family Law Reports 1091; 2003 February 26 (date of decision). The Queen's Bench Division held that twins born to a husband and wife, using the eggs of the wife and the sperm of an unrelated third party, did not have a legal father because the husband did not consent to the mistaken use of the third party's sperm. A white husband and wife, Mr. and Mrs. A., sought treatment together at a fertility clinic run by the NHS Trust. They agreed to undergo intracytoplasmic sperm injection using their own eggs and sperm. By mistake, the sperm of a black patient, Mr. B., was used instead of Mr. A.'s. This was not discovered until the subsequent birth of the twins which were obviously biracial. The suit was brought to determine who was the legal father of the twins. The court held that under the Human Fertilisation and Embryology Act of 1990, Mr. A. could not be the father because he did not consent to the use of Mr. B.'s sperm in conjunction with his wife's eggs. Furthermore, Mr. B. could not be the father because the mere genetic relationship did not give rise to a parental relationship where none was intended. [KIE/ECL]
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The Government's Response to Professor Brian Toft's Report: "Independent Review of the Circumstances Surrounding Four Adverse Events That Occurred in the Reproductive Medicine Units in the Leeds Teaching Hospitals NHS Trust, West Yorkshire" Unknown author (United Kingdom. Department of Health, 2004-06)