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Couple told they must adopt own baby after failing to check tick box on form | Couple told they must adopt own baby after failing to check tick box on form |
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“A centimetre of ink” nearly came between a couple and their child when the pair were told by a hospital they would have to adopt their child after failing to cross a tick box on a fertility treatment form. | “A centimetre of ink” nearly came between a couple and their child when the pair were told by a hospital they would have to adopt their child after failing to cross a tick box on a fertility treatment form. |
An audit by a fertility clinic in Liverpool found a mother, who had given birth after successful fertility treatment, had failed to tick a box on a form consenting for her partner to be the legal parent of any child born from treatment. | An audit by a fertility clinic in Liverpool found a mother, who had given birth after successful fertility treatment, had failed to tick a box on a form consenting for her partner to be the legal parent of any child born from treatment. |
The error was discovered by Hewitt Fertility Centre, part of the Liverpool Women’s NHS Trust, in August 2014, the Liverpool Echo reports. | The error was discovered by Hewitt Fertility Centre, part of the Liverpool Women’s NHS Trust, in August 2014, the Liverpool Echo reports. |
But the couple were only made aware of the mistake in March 2015 when they were told the non-birth parent could begin the process of adopting their child. | But the couple were only made aware of the mistake in March 2015 when they were told the non-birth parent could begin the process of adopting their child. |
A judge at the family division of the High Court ruled in July that the couple, who cannot be named for legal reasons, were the child’s legal parents, the Mirror reports. | A judge at the family division of the High Court ruled in July that the couple, who cannot be named for legal reasons, were the child’s legal parents, the Mirror reports. |
Mr Justice Peter Jackson said: “The absence of no more than a centimetre of ink in a tick box is nothing more than an understandable error. | Mr Justice Peter Jackson said: “The absence of no more than a centimetre of ink in a tick box is nothing more than an understandable error. |
“I would invite the HFEA (Human Fertilisation and Embryology Authority) to consider whether this part of the form is not in fact superfluous at best and a potential trap at worst.” | “I would invite the HFEA (Human Fertilisation and Embryology Authority) to consider whether this part of the form is not in fact superfluous at best and a potential trap at worst.” |
Mr Justice Jackson said the failure to spot the mistake was “highly regrettable” and the eight month delay in informing the couple was unjustifiable. | Mr Justice Jackson said the failure to spot the mistake was “highly regrettable” and the eight month delay in informing the couple was unjustifiable. |
The Liverpool Women’s NHS Foundation Trust has since apologised for the error. | The Liverpool Women’s NHS Foundation Trust has since apologised for the error. |
A spokesman told the Liverpool Echo that the trust is “extremely sorry for our failure to ensure that a consent form was correctly completed in the course of a couple’s fertility treatment at the Hewitt Fertility Centre in 2009.” | A spokesman told the Liverpool Echo that the trust is “extremely sorry for our failure to ensure that a consent form was correctly completed in the course of a couple’s fertility treatment at the Hewitt Fertility Centre in 2009.” |
“We contacted the couple involved to apologise and offer them support. This has included assistance with legal costs to enable the non-birth partner to become the child’s legal parent.” | “We contacted the couple involved to apologise and offer them support. This has included assistance with legal costs to enable the non-birth partner to become the child’s legal parent.” |
The Trust said they have conducted a “rigorous investigation into the failure” and have since ensured there is additional training for staff and extra safeguarding checks in the consenting process. | The Trust said they have conducted a “rigorous investigation into the failure” and have since ensured there is additional training for staff and extra safeguarding checks in the consenting process. |
The Independent has contacted both Liverpool Women’s NHS Foundations Trust and the Human Fertilisation and Embryology Authority for comment. | The Independent has contacted both Liverpool Women’s NHS Foundations Trust and the Human Fertilisation and Embryology Authority for comment. |