Coram Chambers barristers Shiva Ancliffe KC, Daniel Taylor, and Alexander Laing have appeared in a case which has just been reported. The case highlights the expertise and advocacy that Coram Chambers is known for in the legal field.
Summary of the case
Three appeals, heard together by the Court of Appeal, centred on when a person registered as ‘father’ on a child’s birth certificate gains legal parental responsibility under the Children Act 1989. The core issue was whether a non-genetic father (someone who is not the biological father but is named on the birth certificate) acquires parental responsibility by virtue of registration alone, even if later DNA evidence disproves paternity.
The cases involved:
– Re J (Loss of Parental Responsibility):
AJ, named as father on the birth certificate, was later found not to be the biological father. He wished to maintain a parental relationship.
– Re M (Loss of Parental Responsibility):
AM was named as father after conception via an anonymous sperm donor. Both he and the mother knew he was not the biological father at registration. Later, DNA confirmed he was not the father.
– Re P (Loss of Parental Responsibility):
The child’s father could only be one of two identical twins, but it was impossible to determine which. One twin was registered as father on the birth certificate.
The Court of Appeal confirmed that, under current law, only a genetic (biological) father can acquire parental responsibility by being named on the birth certificate. If later evidence shows the registered father is not the biological father, he never acquired parental responsibility through registration. The court stressed that the law does not recognise psychological or social parenthood for this purpose, though other legal routes (such as a child arrangements order) remain available.
‘The Secretary of State for Justice, who has policy responsibility for the relevant parts of the CA 1989, was granted permission to intervene in the appeal by King LJ. The court is very grateful to Joanne Clement KC and Alex Laing for their clear and persuasive submissions on behalf of the Secretary of State…’
If you would like to read the full judgment, you can view it and download it below.
