Legal Parentage Dispute
Legal parentage is important because it creates a legal relationship between a parent and a child under English law and legal relationships between wider family members (e.g. grandparents, siblings, aunts, uncles and cousins). It also underpins and informs legal status of parents, children, co-parents, known donors, step-parents, surrogates and family members.
Legal parentage disputes can raise complex legal issues about the circumstances of conception, the basis of fertility treatment, the results of a direct-to-consumer DNA test, birth certificates, financial provision for a child, the upbringing of a child, biological and legal identity, citizenship and passports.
Modern expectations about family building and family life also continue to challenge and outpace legal frameworks. The global nature of the fertility sector is not matched with harmonisation of assisted reproduction law. This can create legal parentage gaps, problems with birth certificates and a lack of legal parental responsibility powers for parents to safeguard their children’s upbringing.
A dispute about an individual or child’s legal parentage can arise in a range of modern family and assisted reproduction situations including:
- Problems with completion of patient HFEA consent forms at UK fertility clinics (e.g. missing or errors), calling into question the legal parentage of a non-birth parent for their child.
- Dispute about legal parentage between parent/s and a known donor or co-parent following assisted conception.
- Dispute between a parent and a former partner about legal parentage for a child.
- Dispute between a parent and a surrogate about legal parentage for a child.
- Dispute between a step-parent and a child’s legal or biological parent in a blended family situation.
- Dispute about legal parentage following a foreign adoption.
- Dispute about legal parentage following a direct-to-consumer DNA test.
- Dispute about legal parentage and posthumous conception following death of a loved one.
As such, legal parentage disputes require expert understanding and navigation of the legal, practical and wider issues under fertility and family law from the outset.
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Legal parentage dispute – legal review
This provides expert legal advice on family and fertility law in the UK in the event of a legal parentage dispute with a known donor, co-parent, surrogate, former partner, current partner or other adult.
- Advises on legal parentage, parental responsibility and the legal and practical issues and implications arising under English law.
- Advises on legal options and process for acquiring or defending legal parentage for a child in the English Family Court.
- Advises on arrangements for the care and upbringing of the child.
- Answers legal and practical questions.
- Creates a tailored legal and practical action plan.
This consultation only provides specialist advice on legal parentage, fertility and family law in the UK (and not law in other jurisdictions). This package does not include legal representation or advice in court proceedings or preparation or review of legal documents. Terms and conditions apply. For further legal advice and assistance consider our other legal packages and bespoke legal services.
If you wish to discuss your situation or require legal assistance please contact us.
+44 (0) 20 7965 8399
Bespoke Legal Services
We also provide further and ongoing tailored legal advice, assistance and representation in legal proceedings concerning legal parentage in the English Family Court for:
Louisa Ghevaert has dealt with numerous leading legal parentage cases in the UK, including:
Re X,Y and Z (Children: Parental Orders: Time Limit)  EWHC 198 (Fam), an important legal ruling where the English High Court stepped in and granted parental orders (legal parentage) for 3 surrogate born children following complex international conflicts of law between the US (California & Oregon), Denmark and the UK, extending the six-month statutory deadline for issue post birth and carefully navigating complex legal issues associated with the collapse of a US surrogacy agency, a pending criminal charge of assault against one of the intended parents and serious legal difficulties in Denmark where Danish authorities threatened to deport the children.
AB v CD, EF, GH & IL  EWHC 1590 (Fam), representing an intended mother in international contested assisted reproduction and modern family law proceedings in the High Court concerning 2 surrogate born children. This case marks a legal first in the treatment of blended families in the UK following assisted reproduction, divorce, re-marriage, serious allegations of domestic violence and abuse as well as the legal status, parentage and identity of two surrogate born children, their biological, intended and social parents and arrangements for the children’s care and upbringing.
In the matter of the Human Fertilisation and Embryology Act 2008 (Case V)  EWHC 2356 (Fam), obtaining a declaration of parentage in the High Court for a woman in a same-sex relationship for a child conceived through fertility treatment at a UK fertility clinic licensed by the HFEA. The HFEA Consent Form WP was missing from the clinic file. The case for the first time gave guidance on the practice of making interim costs orders in favour of patients to fund litigation and access to justice following errors in the completion of consent forms at UK fertility clinics.
In JP v LP & Ors  EWHC 595 (Fam), acting for the intended father in a high profile complex UK surrogacy dispute case following marriage breakdown and divorce. This case established for the first time a legal framework for cases where the legal criteria for a parental order cannot be met, including wardship, and featured in The Telegraph, BBC News and Mail Online (6 March 2014).
In Re C  EWHC 2408 (Fam), obtaining a parental order (legal parentage) for intended parents who conceived a child through a Californian (USA) commercial surrogacy arrangement. This case redefines the English Court’s approach to the authorisation of commercial payments in view of the UK public policy restriction against commercial surrogacy.
In Re IJ (a Child)  EWHC 921, obtaining a parental order (legal parentage) for British parents whose surrogate born child was born stateless and parentless in Ukraine. The case highlights the legal difficulties associated with foreign surrogacy and the importance of expert legal advice.
In Re L (a minor)  EWHC 3146 (Fam), obtaining a parental order (legal parentage) for British parents who conceived a child with a US surrogate mother (in Illinois, USA). The case marks a legal watershed ruling that the welfare of the child is decisive over the public policy ban on commercial surrogacy in the UK except in the clearest cases of abuse of public policy and featured in The Telegraph (8 December 2010).
In Re X and Y (foreign surrogacy)  EWHC 3030 (Fam), being the first case in UK legal history to test the law for British parents conceiving through an international commercial surrogacy arrangement in the Ukraine and which involved complex and ground-breaking legal issues in successfully securing a parental order (legal parentage), featured in BioNews (January 2009).
Click here to read more about our leading cases.
News and Commentary
Click here to read more about our media and commentary work in relation to family and fertility law, policy and practice.
“DNA testing, parentage disputes and the law” (Louisa Ghevaert Associates blog, 15 June 2022).
“Declaration of parentage: confirming family ancestry and biological parentage following adoption” (Louisa Ghevaert Associates blog, 8 June 2022).
“Netflix’s Our Father: DNA testing, paternity disputes and questions about biological and legal parentage”, (Louisa Ghevaert Associates blog, 16 May 2022).
“International surrogacy law: existing conflicts unresolved”, BioNews (14 March 2022).
“Declaration of Parentage: resolving family ancestry, questions about parentage and birth certificates”, Louisa Ghevaert Associates blog (30 November 2021).
“Legal parentage disputes: modern families and the law”, Louisa Ghevaert Associates blog (18 November 2020).
“The global legal identity gap”, Louisa Ghevaert Associates blog (21 August 2020).