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England and Wales decisions
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N, Re (Paternity: Unregulated Sperm Donor) [2026] EWHC 878 (Fam) (21 April 2026)
The court refused Mr Robert Albon’s declaration of parentage for a child conceived through unregulated sperm donation, finding public policy barred it.
Court of Appeal held that “father” in the Children Act 1989 means the genetic father only, and birth registration alone does not confer parental responsibility on a non-father.
J, Re (Loss of Parental Responsibility) [2026] EWCA Civ 344 (20 March 2026)
The Court of Appeal held that under the Children Act 1989 only a child’s genetic father can acquire parental responsibility by birth registration, and registration alone is not enough if paternity is false.
The court granted a declaration of non-parentage, step-parent adoption, and judicial review relief for DZ, but refused to declare FZ DZ’s father under the HFEA 2008.
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.
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The statutory duty to register the birth of a child applies to the mother and the Local Authority as holders of parental responsibility. The mother's objections are unfounded in law and registration is necessary for N's welfare and legal identity.
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The court declared the applicant was not the child’s legal parent, then made a joint lives with order and granted parental responsibility, with staged contact arrangements.
Z is not A’s biological or legal father; therefore, he never held parental responsibility under s.2 or s.4 Children Act 1989. The court grants a Declaration of Parentage (non-parentage) and, if necessary, discharges any parental responsibility Z may have held.
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Birmingham City Council v X & Ors [2025] EWFC 211 (27 March 2025)
A person who is neither the biological nor legal father of a child does not acquire parental responsibility under s.4 of the Children Act 1989 by being named on the birth certificate, even if the statutory process was followed; thus, Z never held parental responsibility for A, and the declaration of non-parentage is granted to correct the birth record.
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KL v BA (Parental responsibility) (Rev1) [2025] EWHC 102 (Fam) (27 January 2025)
The High Court held that a man wrongly named on a birth certificate did not acquire parental responsibility under s.4(1)(a) Children Act 1989.
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