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Giles Wilson Caroline Andrews helps to set new fertility case law in ‘X v Y v St. Bartholomew’s Hospital Centre for Reproductive Medicine’

Caroline Andrews helps to set new fertility case law in ‘X v Y v St. Bartho

Fertility clinics are one of the reasons why more British couples are starting families. In fact, 78 licensed clinics treated almost 50,000 women in 2013 alone, and the numbers are expected to continue to rise. However, the Human Fertilisation & Embryology Authority (HFEA) has found that an alarming number of hopeful parents are facing hardships and legal difficulties.

A recent audit by the Human Fertilisation & Embryology Authority (HFEA) shows a considerable number of fertility clinics across England and Wales had significant issues with paperwork, including missing documents.

As a result, potential parents risked losing parenthood. However, our very own Associate Solicitor, Caroline Andrews led the case ‘X v Y v St. Bartholomew’s Hospital Centre for Reproductive Medicine’ which was ruled in favour of the intended second parent and subsequently secured their right to legally recognised parenthood.

During proceedings, a vital warning for those planning to use fertility treatment was issued by High Court judge, Mrs Justice Theis:

“The important message from this case is that any person considering fertility treatment should ensure they are, at the very least, familiar with what legal steps need to be taken prior to any such treatment, particularly concerning the issue of consent. This is because any failings by the clinic to follow the requisite procedures may have long-term consequences for them and any child born as a result of the treatment.”

What do couples need to be aware of?

This raises an important question; what are the necessary legal steps couples need to be aware of?

If two individuals are already married or in a civil partnership, and the anonymous donor has consented to the conception, parenthood will be granted automatically.

For couples that are not in a legally bound relationship, the conception must take place within a licensed clinic (in England or Wales) and both partners must also complete HFEA consent forms, including documents confirming consent and the key point is prior to the conception treatment.

This parent depending on the circumstances may also need to ensure they get a parental responsibility order or the declaration of parentage gets the birth certificate amended. Without this, sadly, a parent would legally be of no relevance to decisions about the child’s education, health or religion. Furthermore, this parent would have additional matters to take into account for care or contact with the child if the relationship broke down.

Thankfully, these cases are rare – however, it is very important for would-be parents to be aware of these steps to guarantee a presence within a child’s life. 

Here at Giles Wilson, our team strives to provide the best service available and are on-hand to offer advice, guidance and representation. If you would like to speak with Caroline Andrews – the leading local expert in fertility law – or any of our dedicated specialists, you can request a free consultation or contact our team directly.

Awards & Recognitions

The expertise of our solicitors is regularly recognised by some of the profession’s most distinguished organisations. As well as being a member of a number of Law Society schemes, we have won awards at the Law Society Excellence Awards, the Halsbury Legal Awards and the Modern Law Awards. We have also received recognition in the form of the Lexcel mark of quality, a Legal 500 listing and a place on the shortlist of The Lawyer’s Boutique Firm of the Year.

Awards and Recognitions of Giles Wilson
Awards and Recognitions of Giles Wilson
Awards and Recognitions of Giles Wilson
Awards and Recognitions of Giles Wilson
Awards and Recognitions of Giles Wilson
Awards and Recognitions of Giles Wilson
Awards and Recognitions of Giles Wilson
Awards and Recognitions of Giles Wilson
Awards and Recognitions of Giles Wilson
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How will Giles Wilson LLP use the personal data it collects about me?

Giles Wilson LLP will process (collect, store and use) the information you provide in a manner compatible with the EU’s General Data Protection Regulation (GDPR). We will endeavour to keep your information accurate and up to date, and not keep it for longer than is necessary. Giles Wilson LLP is required to retain information in accordance with the law, such as information needed for income tax and audit purposes. How long certain kinds of personal data should be kept may also be governed by specific business-sector requirements and agreed practices. Personal data may be held in addition to these periods depending on individual business needs.

Under what circumstances will Giles Wilson LLP contact me?

Our aim is not to be intrusive, and we agree not to ask irrelevant or unnecessary questions. Moreover, the information you provide will be subject to rigorous measures and procedures to minimise the risk of unauthorised access or disclosure. We will of course contact you in connection with the matter in which are instructed. If we retain documents for you, such as Wills and Deeds, then we will contact you regularly (usually no more than annually) in order to keep our database up to date. We may contact you occasionally, in relation to information about legal developments or services, which we think may interest you.

Can I find out the personal data that the organisation holds about me?

Giles Wilson LLP, at your request by completing a Subject Access Request Form, can confirm what information we hold about you and how it is processed. If Giles Wilson LLP does hold personal data about you, you can request the following information:

  • Identity and the contact details of the person or organisation that has determined how and why to process your data.
  • Contact details of our data protection manager.
  • The purpose of the processing as well as the legal basis for processing.
  • If the processing is based on the legitimate interests of Giles Wilson LLP or a third party, information about those interests.
  • The categories of personal data collected, stored and processed.
  • Recipient(s) or categories of recipients that the data is/will be disclosed to.
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  • How long the data will be stored.
  • Details of your rights to correct, erase, restrict or object to such processing.
  • Information about your right to withdraw consent at any time.
  • How to lodge a complaint with the supervisory authority.
  • Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
  • The source of personal data if it wasn’t collected directly from you.
  • Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.

What forms of ID will I need to provide in order to access this?

Giles Wilson LLP accepts the following forms of ID when information on your personal data is requested via the Subject Access Request Form: a copy of two documents such as your birth certificate, passport, driving licence, official letter addressed to you at your address e.g. bank statement, recent utilities bill or council tax bill.

A full list of acceptable identification documents is available upon request.

Contact details of the Data Protection Manager:

GW Data Protection Manager
Giles Wilson LLP
1711 London Road
Leigh on Sea, Essex, SS9 2SW, UK

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