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S v D & E 2013 EWHC 134 (Fam) (31 January 2013)


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These proceedings involve separate but linked applications by two men for leave to apply for orders under s.8 of the Children Act 1989. In each case, the application concerns a child conceived using sperm provided by the man and born to a woman in a civil partnership. As a result of the reforms introduced in the Human Fertilisation and Embryology Act 2008, legal parenthood of the children is vested in the mothers and their respective civil partners to the exclusion of the biological fathers who therefore have no right to apply for orders in respect of the children without the leave of the court. I am told that these two cases are the first to come before the court involving an application for leave to apply for s.8 orders from men who, having provided sperm for couples in a civil partnership, are by virtue of the 2008 Act not the legal fathers of the children thereby conceived. It is argued by counsel appearing before me that the outcome of this case has significant public policy...

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