RN (Paternity: Unregulated Sperm Donor), Re

RN (Paternity: Unregulated Sperm Donor), Re

Although the truth of Mr Albon's paternity was established, the court refused to grant a declaration of parentage because to do so would be manifestly contrary to public policy. Mr Albon's activities as an unregulated sperm donor are in breach of the statutory scheme (HFEA 1990, s 4(1A)), and his conduct is the antithesis of the regulatory and ethical framework established by Parliament. The court found that the case for refusing to hear the application on best interests grounds was not made out, but the public policy bar under s 58(1) was clearly crossed.

Parties
Applicant: 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
Family Law Declaration of Parentage and Non Parentage / Judgment After Contested Hearing
Outcome
Application for declaration of parentage dismissed; declaration of non-parentage in respect of EF granted by agreement.
Legal Topics
Parentage, Paternity, Unregulated Sperm Donation, Declarations of Parentage, Public Policy, Best Interests of the Child
Family Law Child Law Parentage Paternity Unregulated Sperm Donation Declarations of Parentage Public Policy Best Interests of the Child

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Parties

Robert Albon

Applicant

Mother (Ms JE)

Respondent 1

EF

Respondent 2

Child's Guardian

Respondent 3

Procedural Posture

Family Law Declaration of Parentage and Non Parentage / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the court should grant a declaration of parentage in favour of an unregulated sperm donor (Mr Albon) under FLA 1986, s 55A
  2. 2 Whether granting such a declaration would be manifestly contrary to public policy under FLA 1986, s 58(1)
  3. 3 Whether the court should refuse to hear the application as not in the best interests of the child under FLA 1986, s 55A(5)

Ratio Decidendi

Although the truth of Mr Albon's paternity was established, the court refused to grant a declaration of parentage because to do so would be manifestly contrary to public policy. Mr Albon's activities as an unregulated sperm donor are in breach of the statutory scheme (HFEA 1990, s 4(1A)), and his conduct is the antithesis of the regulatory and ethical framework established by Parliament. The court found that the case for refusing to hear the application on best interests grounds was not made out, but the public policy bar under s 58(1) was clearly crossed.

Court Disposition

Application for declaration of parentage dismissed; declaration of non-parentage in respect of EF granted by agreement.

Orders

  • Application for declaration of parentage by Mr Albon dismissed as manifestly contrary to public policy.
  • Declaration of non-parentage in respect of EF granted.