Y (a child) (birth certificate : parental responsibility) [2020] NIFam 19 (02 October 2020)

Y (a child) (birth certificate : parental responsibility) [2020] NIFam 19 (02 October 2020)

B cannot be recognised as a legal parent or retain parental responsibility because Y was conceived by natural intercourse, not artificial insemination, and B's registration as parent was based on deception. The statutory scheme is compatible with the ECHR. Parental responsibility and joint residence orders are not in Y's best interests given the lack of trust and potential for conflict among the adults.

Citation
[2020] NIFam 19
Parties
Applicant: B; Respondent: K; Respondent: L; Respondent: THE OFFICIAL SOLICITOR; Notice Party: ATTORNEY GENERAL FOR NORTHERN IRELAND; Notice Party: REGISTRAR GENERAL FOR NORTHERN IRELAND; Intervenor: THE SECRETARY OF STATE FOR HEALTH
Jurisdiction
Northern Ireland
Judgment Date
02 October 2020
Procedural Posture
Family Law Application / Final Judgment After Interim Ruling and Submissions
Outcome
Application dismissed in respect of parental responsibility and joint residence order for B; orders for defined contact and information sharing granted.
Legal Topics
Parental Responsibility, Birth Registration, Children's Welfare, Human Fertilisation and Embryology, European Convention on Human Rights
Family Law Human Rights Parental Responsibility Birth Registration Children's Welfare Human Fertilisation and Embryology European Convention on Human Rights

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Parties

B

Applicant

K

Respondent

L

Respondent

THE OFFICIAL SOLICITOR

Respondent

ATTORNEY GENERAL FOR NORTHERN IRELAND

Notice Party

REGISTRAR GENERAL FOR NORTHERN IRELAND

Notice Party

THE SECRETARY OF STATE FOR HEALTH

Intervenor

Procedural Posture

Family Law Application / Final Judgment After Interim Ruling and Submissions

Legal Issues

  1. 1 Whether B should be recognised as a legal parent and retain parental responsibility for Y
  2. 2 Whether B's name should remain on Y's birth certificate
  3. 3 Compatibility of section 42 of the Human Fertilisation and Embryology Act 2008 with Articles 8 and 14 ECHR

Ratio Decidendi

B cannot be recognised as a legal parent or retain parental responsibility because Y was conceived by natural intercourse, not artificial insemination, and B's registration as parent was based on deception. The statutory scheme is compatible with the ECHR. Parental responsibility and joint residence orders are not in Y's best interests given the lack of trust and potential for conflict among the adults.

Court Disposition

Application dismissed in respect of parental responsibility and joint residence order for B; orders for defined contact and information sharing granted.

Orders

  • Declaration that L is Y's father and K is her mother; birth registration to be corrected.
  • Order for defined contact between B and Y.