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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether F is the legal parent of RF, AF, and FA
- 2 Whether M2 is the legal parent of FA
- 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.
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