The Court of Appeal has ruled that it cannot determine which of two identical twins fathered a child, after both had sexual relations with the mother within four days of each other. The case involved a woman who had sex with both twins during the month of conception, making it impossible to establish paternity with certainty.
One twin was initially registered as the father on the child's birth certificate. The other twin, along with the mother, sought to remove the registered father's parental responsibility and have it transferred. However, Sir Andrew McFarlane, sitting with Lady Justice King and Lord Justice Stuart-Smith, stated that DNA testing could only confirm that either twin could be the father, not which one.
Sir Andrew noted that there is a 50% chance the registered father is indeed the biological father. He ordered that the registered twin's parental responsibility will cease until further hearings. The court emphasized that it could not make a declaration that the registered twin is not the father, as failing to prove a fact does not prove the opposite.
The judge highlighted the ambiguity's negative impact on the child's welfare and directed a lower court to decide whether one, both, or neither twin should have parental responsibility. The identities of all parties remain protected by court order.
