Couple told they must adopt own baby after failing to check tick box on form

'The absence of no more than a centimetre of ink in a tick box is nothing more than an understandable error'

The baby boy died at Bristol Children's Hospital (Getty)

“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.

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.

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.

“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.

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.”

“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 Independent has contacted both Liverpool Women’s NHS Foundations Trust and the Human Fertilisation and Embryology Authority for comment.