P v Q and F (Child: Legal Parentage)

P v Q and F (Child: Legal Parentage)

The declarations were rightly made because P established F’s genetic paternity and the occurrence of natural insemination during the conception window. Q failed to show that the statutory provisions for assisted reproduction applied. The HFEA 2008 was not engaged as the foundational condition (conception by AI) was not established. The common law position applies, making F the legal father and Q not a legal parent.

Parties
Appellant Mother: P; Respondent Mother: Q; Respondent Father: F; Respondent Child: X
Jurisdiction
England and Wales
Judgment Date
26 July 2024
Procedural Posture
Family Law Appeal / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Legal Parentage, Assisted Reproduction, Declarations of Parentage, Burden of Proof
Family Law Legal Parentage Assisted Reproduction Declarations of Parentage Burden of Proof

Case Brief

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Parties

P

Appellant Mother

Q

Respondent Mother

F

Respondent Father

X

Respondent Child

Procedural Posture

Family Law Appeal / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Who is the legal parent of X under English law given the circumstances of conception involving both artificial and natural insemination?
  2. 2 Does the Human Fertilisation and Embryology Act 2008 apply to the facts of this case?
  3. 3 Where does the burden of proof lie in an application for a declaration of parentage/non-parentage under the Family Law Act 1986?

Ratio Decidendi

The declarations were rightly made because P established F’s genetic paternity and the occurrence of natural insemination during the conception window. Q failed to show that the statutory provisions for assisted reproduction applied. The HFEA 2008 was not engaged as the foundational condition (conception by AI) was not established. The common law position applies, making F the legal father and Q not a legal parent.

Court Disposition

Appeal dismissed

Orders

  • Declaration that Q is not X’s legal parent
  • Declaration that F is X’s legal parent