Court of Appeal considers definition of ‘father’ under Children Act 1989 and effect of declarations of non-parentage

The livestream page for the appeals in (1) Re: J (a child), (2) Re: M-S-K-B (children) and (3) Re: P (children) says that the issue falling for determination in the appeals is “whether the effect of a declaration of non-parentage in respect of a man who is not married to a child’s mother and is named on the child’s birth certificate as the father, but whom subsequent genetic testing shows is not the child’s biological father, is to render his putative acquisition of parental responsibility void, or whether he has and retains parental responsibility that can only be removed by order of the court”.

Barrister chambers 1GC Family Law, 16 members of whom as well as two door tenants are appearing in the Court of Appeal, said: “The court will consider, among other issues, whether a ‘father’ must be the genetic parent of a child in order to acquire parental responsibility by registration as the father on a child’s birth certificate.

“The court will also consider what approach should be taken where two individuals are equally likely to be the father of a child.”

The appeals are being heard by the President of the Family Division, Sir Andrew McFarlane, Lady Justice King and Lord Justice Stuart-Smith on 24-26 November.