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JK in Person HS & KS in Person Mr Nicholas Anderson (instructed by Cafcass Legal) for the 3rd Respondent Hearing dates: 9th, 12th & 13th November 2015 ____________________
" If at the time of the placing in her of the embryo or the sperm and eggs or of her artificial insemination, W was a party to a civil partnership, then subject to section 45(2) to (4), the other party to the civil partnership [in this case KS] is to be treated as a parent of the child unless it is shown that she did not consent to the placing in W of the embryo or the sperm and eggs or to her artificial insemination (as the case may be)."
At the material time KS and HS were in a civil partnership and KS consented to the procedure that was undertaken.
As legal parents for K, HS and KS are the only people in law who can be recorded on X's birth certificate.
"Where a woman is to be treated by virtue of section 42 or 43 as a parent of the child, no man is to be treated as the father of the child."
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