Our client was in a same sex partnership, and her partner was to give birth following fertility treatment.
In terms of the Human Fertilisation & Embryology Authority (HFEA), the NHS Fertility Clinic at Ninewells Hospital in Dundee should have arranged for completion of the parental consent forms required by HFEA prior to the onset of the fertility treatment. If this had been carried out, our client would acquire full parental rights to the child. However, unfortunately, the clinic overlooked completing the forms and as a result, our client lost her parental rights.
This was an important factor, as she later separated from her partner, and was denied access to the child.
As a result of this, she suffered from psychological issues.
How we helped our client
We raised court proceedings against the health authority in question. We instructed a psychological report to comment upon the issues our client was experiencing. The case broke new legal ground and marking its importance, the Advocate General for Scotland entered the proceedings on behalf of the Health Department and Registrar General for Scotland.
The Heath Authority agreed to accept responsibility and to compensate our client. The claim was worth significantly more, but due to emotional problems, our client accepted an early settlement offer.