Case No. NE21P00484-&-NE21P07404

1.Sir James Munby P in In the matter of HFEA 2008 (Cases A, B, C, D, E, F, G and H Declaration of Parentage) [2015] EWHC 2602 (Fam) at §3 rightly asked, in my view, whether there can be a more important question – emotionally, psychologically, socially and legally – than ‘who is my parent?’. 2.That question of fundamental identity lies close to the centre of two separate applications which are before the court, brought by unrelated applicants under the provisions of section 55A Family Law Act 1986 (‘FLA 1986’). The applications here raise identical issues, namely:a.Whether an adult person, who had been adopted as a child can subsequently (in both cases, many decades later) obtain a declaration of parentage in relation to the identity of their biological1, father;b.Whether, in each case, on the facts, such a declaration is appropriate;c.And (following on from the above) whether rectification of the applicants’ original birth certificate (so as to add the name of a biological father, or ‘birth father’ as I shall refer to him) is possible, and compatible with adoption legislation.3.These two applications have been brought entirely independently, and in terms of timing coincidentally, by two unrelated applicants. Ms L and Ms M are indeed unaware of each other’s identities. The applications were issued by the Family Court sitting in Newcastle Upon Tyne. When I became aware of the applications, I case managed them to hearing on the same day. I dealt with the factual issues in short sequential hearings, and then brought the cases together for a plenary hearing involving both applicants2 to discuss the legal implications. 4.When the applications first came to my attention, Ms L and Ms M were both unrepresented. These were unusual applications without apparent precedent. I contacted the Attorney General’s Office to enquire whether she would be prepared to appoint an advocate to the court. She did so, and I am grateful to Mr Murray for his written advice. At an earlier case management hearing I also advised Ms L and Ms M of the existence of ‘Advocate’ (formerly Bar Pro Bono Unit), the charity which helps to find free legal assistance from volunteer barristers. Through this, Ms M obtained the services of Ms Fottrell QC and Ms Magennis; in turn, Ms M was supported by Ms Dally of Goodman Ray. That expert legal team then offered similar support to Ms L. I am particularly grateful to the lawyers (all counsel and solicitors) for the applicants who have acted for them most ably, and without fee.