Re R (a child)
Great Britain. England and Wales. Supreme Court of Judicature, Court of Appeal, Civil Division.
All England Law Reports 2003; 2003(2): 131-140
Court Decision:  2 All England Law Reports 131; 2003 February 19 (date of decision). The Civil Division Court held that a man must be seeking treatment concurrently with a woman in order to be considered the father of a child created through in vitro fertilization. A man brought suit against a woman seeking parental rights and visitation over child created through in vitro fertilization. Although the child was created using sperm donated anonymously by a third party, the man had formerly been in a relationship with the woman. The initiation of fertilization assistance treatment had begun during this relationship, but the successful implantation of the embryo in the woman's uterus did not occur until after that relationship had ended. Because the woman had sought use of the embryos after the relationship ended, with a different partner, and without the consent or knowledge of the man, he was not seeking treatment together with her and did not fall under the scope of the statute. A narrow interpretation of the statute was required because the statute can create a parental relationship in the absence of a relationship by blood (genetic) or marriage (non-genetic). [KIE/ECL]
Date of Decision: 19 February 2003
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