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Liability Risk and Insurance

Paternity issue in IVF case

The issue of paternity under the Human Fertilisation & Embryo Act 1990 is based on the time when the embryo, or sperm and eggs, were placed in the womb. As a result, in this case, a man (who was not the genetic father, nor married to the woman) who was the woman’s partner during IVF treatment, but who had separated from the woman by the time the embryo was implanted, could not be the treated as the father of the subsequent child.

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