ED v MG

ED v MG

The applicant is not D's legal parent under common law or statute, as he is neither the genetic nor gestational father and the IVF treatment occurred outside the UK at an unlicensed clinic. Birth registration does not confer legal parentage. There are no public policy grounds to refuse the declaration. Parental responsibility is not acquired by registration alone, but a joint lives with order is appropriate to protect D's welfare and ensure both parents' involvement.

Parties
Applicant: ED; Respondent: MG
Jurisdiction
England and Wales
Judgment Date
22 July 2025
Procedural Posture
Family / Final Judgment
Outcome
Declaration of non-parentage granted; joint lives with order made; parental responsibility conferred on applicant.
Legal Topics
Parentage, Parental Responsibility, Child Arrangements, Birth Registration, IVF and Assisted Reproduction
Family Law Parentage Parental Responsibility Child Arrangements Birth Registration IVF and Assisted Reproduction

Case Brief

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Parties

ED

Applicant

MG

Respondent

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether the applicant is the legal parent of D
  2. 2 Whether a declaration of non-parentage should be made
  3. 3 Whether parental responsibility should be conferred

Ratio Decidendi

The applicant is not D's legal parent under common law or statute, as he is neither the genetic nor gestational father and the IVF treatment occurred outside the UK at an unlicensed clinic. Birth registration does not confer legal parentage. There are no public policy grounds to refuse the declaration. Parental responsibility is not acquired by registration alone, but a joint lives with order is appropriate to protect D's welfare and ensure both parents' involvement.

Court Disposition

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

Orders

  • Declaration that applicant is not D's parent pursuant to section 55A of the Family Law Act 1986
  • Registrar General to be notified of declaration