RG24P0700 - [2025] EWHC 1876 (Fam)

The parties entered into a relationship in 2018. They attempted to conceive naturally with no success. The parties started the IVF process in the United Kingdom in 2020. In early 2021, embryos were created using eggs from the respondent and sperm from the applicant. Following three rounds of unsuccessful IVF, the respondent began researching IVF in Europe using anonymous donor sperm. She contacted a fertility clinic in Northern Cyprus. In September 2021, the parties agreed that an anonymous sperm donor should be identified. They proceed with assistance from the Northern Cypriot clinic. The respondent paid the fee and they eventually identified an appropriate sperm donor. They both travelled to the clinic.

On 29 September 2021 the parties and the donor signed a “Declaration and Consent Regarding Sperm Donation” form. In respect of parenthood, the form states that:

At no time were the parties advised by the fertility clinic to seek legal advice in the UK to ensure that they would be recognised as the child’s legal parents.

Egg retrieval took place and fertilisation with the anonymous donor sperm was undertaken in late September 2021. The applicant was also in attendance. In October 2021, the respondent took a pregnancy test, with the applicant in attendance. It was positive. D was born in June 2022. On 19 August 2022, the parties registered D’s birth at the Registry Office. The respondent was listed on D’s birth certificate as his mother and the applicant was listed on D’s birth certificate as his father. The parties’ relationship ended in June 2023.

The applicant issued a C100 application for a child arrangements order (lives with and spends time with) in August 2024. The respondent made a specific issue order application in October 2024 seeking to prevent the applicant from taking D out of the jurisdiction. In the usual way Cafcass reported on safeguarding, a FHDRA took place and then a series of hearings took place. On 27 November 2024, the respondent applied for a Declaration of Non-Parentage pursuant to s.55A of the Family Law Act 1986 to remove the applicant from D’s birth certificate.

Sarah Cockley, an independent social worker (hereafter “ISW”) was instructed to report pursuant to section 7 of the 1989 Act and reported on 14 February 2025. District Judge King held a dispute resolution appointment hearing on 7 March 2025 and transferred the matter to be heard by me. On 28 March 2025, the applicant applied for Declaration of Parentage pursuant to s.55A of the Family Law Act 1986. I heard a pre-trial review on 25 June 2025.

There is very little in dispute so I only briefly summarise the parties’ written evidence and the opinion of the ISW.