P v Q & F (Child: Legal Parentage) [2024] EWCA Civ 878 (26 July 2024)

P v Q & F (Child: Legal Parentage) [2024] EWCA Civ 878 (26 July 2024)

Where the method of conception is unclear and both artificial and natural insemination occurred, the statutory presumption of parenthood under HFEA 2008 is not engaged unless it is established that conception was by assisted reproduction. The burden is on the party seeking to rely on the statutory scheme to prove its application. In the absence of such proof, legal parentage defaults to the genetic parents under common law. The declarations that Q is not X's legal parent and F is X's legal parent were correctly made.

Citation
[2024] EWCA Civ 878
Parties
Appellant Mother: P; Respondent Mother: Q; Respondent Father: F; Respondent Child: X
Jurisdiction
England and Wales
Judgment Date
26 July 2024
Procedural Posture
Appeal (family Law Declaration of Parentage) / Court of Appeal Judgment on Appeal From High Court (family Division)
Outcome
Appeal dismissed
Legal Topics
Legal Parentage, Assisted Reproduction, Burden of Proof, Declarations of Parentage, Same Sex Marriage and Parenthood
Family Law Legal Parentage Assisted Reproduction Burden of Proof Declarations of Parentage Same Sex Marriage and Parenthood

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Parties

P

Appellant Mother

Q

Respondent Mother

F

Respondent Father

X

Respondent Child

Procedural Posture

Appeal (family Law Declaration of Parentage) / Court of Appeal Judgment on Appeal From High Court (family Division)

Legal Issues

  1. 1 Who bears the burden of proof in a declaration of parentage where conception may have occurred by artificial or natural insemination?
  2. 2 Does the Human Fertilisation and Embryology Act 2008 apply where conception method is unclear?
  3. 3 Is the non-gestational same-sex spouse a legal parent when natural insemination may have occurred?

Ratio Decidendi

Where the method of conception is unclear and both artificial and natural insemination occurred, the statutory presumption of parenthood under HFEA 2008 is not engaged unless it is established that conception was by assisted reproduction. The burden is on the party seeking to rely on the statutory scheme to prove its application. In the absence of such proof, legal parentage defaults to the genetic parents under common law. The declarations that Q is not X's legal parent and F is X's legal parent were correctly made.

Court Disposition

Appeal dismissed

Orders

  • Declaration that Q is not X's legal parent upheld
  • Declaration that F is X's legal parent upheld