Re A & B (Declaration of Non-Parentage)

Re A & B (Declaration of Non-Parentage)

Mr J is not the legal father of A and B because conception occurred in an unlicensed overseas clinic using donor sperm, and statutory criteria for legal parentage are not met. Determining the application is not contrary to the children's best interests or public policy.

Parties
Applicant: J; First Respondent: L; Second/third Respondents: A and B (by Lillian Odze as their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
03 April 2025
Procedural Posture
Family Law Application / Judgment
Outcome
Declaration of non-parentage granted.
Legal Topics
Declaration of Non Parentage, Legal Parentage, Child Maintenance, Assisted Reproduction, Article 8 ECHR, Identity Rights
Family Law Child Law Human Rights Declaration of Non Parentage Legal Parentage Child Maintenance Assisted Reproduction Article 8 ECHR +1 more

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Parties

J

Applicant

L

First Respondent

A and B (by Lillian Odze as their Children’s Guardian)

Second/third Respondents

Procedural Posture

Family Law Application / Judgment

Legal Issues

  1. 1 Whether Mr J is the legal parent of A and B under UK law
  2. 2 Whether determination of the application is not in the best interests of the children under section 55A(5) FLA 1986
  3. 3 Whether public policy prohibits the declaration of non-parentage

Ratio Decidendi

Mr J is not the legal father of A and B because conception occurred in an unlicensed overseas clinic using donor sperm, and statutory criteria for legal parentage are not met. Determining the application is not contrary to the children's best interests or public policy.

Court Disposition

Declaration of non-parentage granted.

Orders

  • Court officer to send order to Registrar General for Births and Deaths within 21 days.
  • Registrar General to amend birth certificates of A and B to remove Mr J as father.