M1 v M2 & Ors (Children: Declarations of Legal Parentage)

M1 v M2 & Ors (Children: Declarations of Legal Parentage)

On balance of probabilities, M1 and F had sexual intercourse at relevant times and conceived RF, AF, and FA naturally. M2 failed to prove conception by artificial insemination. F is the legal parent of all three children; M2 is not the legal parent of FA.

Parties
Applicant: M1; Respondent 1/cross Applicant 1: M2; Respondent 2/cross Applicant 2: F; Respondents 3 5: RF, AF and FA by their Children’s Guardian Ms S
Jurisdiction
England and Wales
Judgment Date
20 October 2025
Procedural Posture
Declaration of Parentage and Child Arrangements Order / Post Fact Finding Judgment
Outcome
Declarations granted that F is legal parent of RF, AF, and FA; declaration refused that M2 is legal parent of FA.
Legal Topics
Parentage, Declarations of Parentage, Artificial Insemination, Natural Conception, Birth Registration, Legal Parenthood, Same Sex Marriage, Human Fertilisation and Embryology Act, Family Law Act

Case Brief

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Parties

M1

Applicant

M2

Respondent 1/cross Applicant 1

F

Respondent 2/cross Applicant 2

RF, AF and FA by their Children’s Guardian Ms S

Respondents 3 5

Procedural Posture

Declaration of Parentage and Child Arrangements Order / Post Fact Finding Judgment

  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 Whether the children were conceived by natural intercourse (NI) or artificial insemination (AI)

Ratio Decidendi

On balance of probabilities, M1 and F had sexual intercourse at relevant times and conceived RF, AF, and FA naturally. M2 failed to prove conception by artificial insemination. F is the legal parent of all three children; M2 is not the legal parent of FA.

Court Disposition

Declarations granted that F is legal parent of RF, AF, and FA; declaration refused that M2 is legal parent of FA.

Orders

  • No party to inform children of decision without consulting Guardian and/or Court.
  • Guardian to prepare report on future contact and relationships.