ED v MG [2025] EWHC 1876 (Fam) (22 July 2025)

ED v MG [2025] EWHC 1876 (Fam) (22 July 2025)

The applicant is not D's legal parent under common law or statute because he is neither the genetic nor gestational father, and statutory provisions for assisted reproduction do not apply as the treatment was outside the UK and the parties were unmarried. Registration on the birth certificate does not confer legal...

Source-derived case information.

Citation
[2025] EWHC 1876 (Fam)
Parties
Applicant: ED; Respondent: MG
Jurisdiction
England and Wales
Judgment Date
22 July 2025
Procedural Posture
Family Law Children / Final Judgment After Trial
Outcome
Declaration of non-parentage granted; joint lives with order made; parental responsibility conferred on applicant; child arrangements specified.
Legal Topics
Parentage, Parental Responsibility, Child Arrangements Orders, Declarations of Parentage, Assisted Reproduction
Family Law Child Law Parentage Parental Responsibility Child Arrangements Orders Declarations of Parentage Assisted Reproduction

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Summary, issues, holding and outcome

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Parties

ED

Applicant

MG

Respondent

Procedural Posture

Family Law Children / Final Judgment After Trial

Legal Issues

  1. 1 Whether the applicant is the legal parent of D under English law
  2. 2 Whether a declaration of non-parentage should be made
  3. 3 Whether the applicant should have parental responsibility and child arrangements orders

Ratio Decidendi

The applicant is not D's legal parent under common law or statute because he is neither the genetic nor gestational father, and statutory provisions for assisted reproduction do not apply as the treatment was outside the UK and the parties were unmarried. Registration on the birth certificate does not confer legal parentage or parental responsibility in these circumstances. However, a joint lives with order is appropriate to reflect the applicant's social and psychological parenting role and to protect D's welfare by ensuring both parties have parental responsibility.

Court Disposition

Declaration of non-parentage granted; joint lives with order made; parental responsibility conferred on applicant; child arrangements specified.

Orders

  • Declaration that applicant is not D's legal parent under s.55A Family Law Act 1986
  • Registrar General to be notified for amendment of birth register