N, Re (Paternity: Unregulated Sperm Donor) [2026] EWHC 878 (Fam) (21 April 2026)

N, Re (Paternity: Unregulated Sperm Donor) [2026] EWHC 878 (Fam) (21 April 2026)

The court found that although Mr Albon is the genetic and legal father under common law, the determination of the application for a declaration of parentage would not be in the best interests of the child due to the risk of future unwanted involvement, the mother's vulnerability, and the negative impact on the...

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Citation
[2026] EWHC 878 (Fam)
Parties
Applicant: Mr Robert Albon; Respondent 1: Mother (Ms JE); Respondent 2: EF; Respondent 3: Child's Guardian
Jurisdiction
England and Wales
Judgment Date
21 April 2026
Procedural Posture
Declaration of Parentage and Non Parentage Under Family Law Act 1986 / Final Judgment
Outcome
Application for declaration of parentage refused; declaration of non-parentage regarding EF granted
Legal Topics
Paternity, Parentage Declaration, Unregulated Sperm Donation, Public Policy, Child Welfare, Birth Registration
Family Law Child Law Human Fertilisation and Embryology Paternity Parentage Declaration Unregulated Sperm Donation Public Policy Child Welfare +1 more

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Parties

Mr Robert Albon

Applicant

Mother (Ms JE)

Respondent 1

EF

Respondent 2

Child's Guardian

Respondent 3

Procedural Posture

Declaration of Parentage and Non Parentage Under Family Law Act 1986 / Final Judgment

Legal Issues

  1. 1 Whether the court should grant a declaration of parentage to Mr Albon under FLA 1986 s 55A
  2. 2 Whether the court should grant a declaration of non-parentage regarding EF
  3. 3 Whether determining the application would not be in the best interests of the child under s 55A(5)

Ratio Decidendi

The court found that although Mr Albon is the genetic and legal father under common law, the determination of the application for a declaration of parentage would not be in the best interests of the child due to the risk of future unwanted involvement, the mother's vulnerability, and the negative impact on the child's welfare. Additionally, granting the declaration would be manifestly contrary to public policy, given Mr Albon's unregulated sperm donation business, breach of statutory licensing requirements, and the risks posed to children and families. The application for declaration of parentage was refused.

Court Disposition

Application for declaration of parentage refused; declaration of non-parentage regarding EF granted

Orders

  • Declaration of non-parentage granted in respect of EF
  • No declaration of parentage granted to Mr Albon