M1 v M2 & Ors [2025] EWFC 344 (10 February 2025)

M1 v M2 & Ors [2025] EWFC 344 (10 February 2025)

On balance of probabilities, all three children were conceived by natural intercourse between M1 and F; M2 failed to prove artificial insemination. F is the legal parent of RF, AF, and FA. M2 is not the legal parent of FA. HFEA provisions not engaged; common law applies.

Citation
[2025] EWFC 344
Parties
Applicant: M1; Respondent 1 / Cross Applicant 1: M2; Respondent 2 / Cross Applicant 2: F; Respondents 3 5: RF, AF and FA (by Ms S, Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
10 February 2025
Procedural Posture
Family Law Parentage Declaration / Post Fact Finding Judgment
Outcome
Declarations granted: F is legal parent of RF, AF, and FA; M2's application for declaration as FA's parent refused.
Legal Topics
Declaration of Parentage, Artificial Insemination Vs Natural Conception, Legal Parentage in Same Sex Marriage, Human Fertilisation and Embryology Act, Family Law Act 1986
Family Law Parentage Children Declaration of Parentage Artificial Insemination Vs Natural Conception Legal Parentage in Same Sex Marriage Human Fertilisation and Embryology Act Family Law Act 1986

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Parties

M1

Applicant

M2

Respondent 1 / Cross Applicant 1

F

Respondent 2 / Cross Applicant 2

RF, AF and FA (by Ms S, Children's Guardian)

Respondents 3 5

Procedural Posture

Family Law Parentage Declaration / Post Fact Finding Judgment

Legal Issues

  1. 1 Whether F is the legal parent of RF, AF and FA
  2. 2 Whether M2 is the legal parent of FA
  3. 3 Method of conception (natural intercourse vs artificial insemination)

Ratio Decidendi

On balance of probabilities, all three children were conceived by natural intercourse between M1 and F; M2 failed to prove artificial insemination. F is the legal parent of RF, AF, and FA. M2 is not the legal parent of FA. HFEA provisions not engaged; common law applies.

Court Disposition

Declarations granted: F is legal parent of RF, AF, and FA; M2's application for declaration as FA's parent refused.

Orders

  • Child arrangements order: children to live with M1.
  • Guardian to provide final analysis and recommendations on M2's contact and relationship with RF, AF, and FA.