A & B, Re (Declaration of Non-Parentage) [2025] EWFC 41 (04 March 2025)

A & B, Re (Declaration of Non-Parentage) [2025] EWFC 41 (04 March 2025)

Given that Mr J and the mother were not married at conception, the conception occurred outside a UK licensed clinic, and Mr J is not the biological father, section 28(3) HFEA 1990 does not treat him as the legal father. The evidence does not show that determining the application would not be in the best interests of the children. There is no public policy bar. The declaration of non-parentage must be made.

Citation
[2025] EWFC 41
Parties
Applicant: J; First Respondent: L; Second/third Respondents: A and B (by Lillian Odze as Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
04 March 2025
Procedural Posture
Declaration of Non Parentage Under Section 55 a Family Law Act 1986 / Final Judgment
Outcome
Declaration of non-parentage granted.
Legal Topics
Parentage, Assisted Reproduction, Child Maintenance, Human Fertilisation and Embryology, Best Interests of the Child
Family Law Parentage Assisted Reproduction Child Maintenance Human Fertilisation and Embryology Best Interests of the Child

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Parties

J

Applicant

L

First Respondent

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

Second/third Respondents

Procedural Posture

Declaration of Non Parentage Under Section 55 a Family Law Act 1986 / Final Judgment

Legal Issues

  1. 1 Whether the applicant should be declared not the legal parent of A and B under section 55A Family Law Act 1986
  2. 2 Whether determining the application would not be in the best interests of the children under section 55A(5)
  3. 3 Whether public policy or Article 8 ECHR rights preclude the declaration

Ratio Decidendi

Given that Mr J and the mother were not married at conception, the conception occurred outside a UK licensed clinic, and Mr J is not the biological father, section 28(3) HFEA 1990 does not treat him as the legal father. The evidence does not show that determining the application would not be in the best interests of the children. There is no public policy bar. The declaration of non-parentage must be made.

Court Disposition

Declaration of non-parentage granted.

Orders

  • A declaration is made that Mr J is not the legal father of A and B.
  • A court officer is directed to send a copy of the order to the Registrar General for Births and Deaths within 21 days for re-registration of the births under section 14A of the Births and Deaths Registration Act 1953.