The dangers of ‘do it yourself’ parentage

The author explores the recent decision in P v Q and F (Child: Legal Parentage) [2024] EWCA Civ 878. This concerned the status of legal parents where donated sperm is used outside the licensed system of the HFEA 2008. A married female couple solicited the help of a stranger. A child resulted but it was unclear whether the pregnancy had been brought about by artificial insemination or sexual intercourse. Both had been taking place between the biological mother and the sperm donor the latter unknown to the mother’s female spouse. When the couple split up and later divorced the mother sought a declaration that the donor was the father and that her former spouse should lose her status as second female parent. Knowles J granted the declaration which has now been upheld by the Court of Appeal essentially on the basis that it had not been proved that the conception had resulted from artificial insemination as required by the...