The Court of Appeal has ruled that it cannot determine which of two identical twins fathered a child, after the mother had sex with both brothers within four days of conception. The case concerns a child referred to as P, whose mother and one twin sought to transfer parental responsibility from the twin named on the birth certificate to the other.
Sir Andrew McFarlane, sitting with Lady Justice King and Lord Justice Stuart-Smith, stated that DNA testing confirms either twin could be the father, but cannot distinguish between them, leaving a 50% chance that the registered father is correct. The court ordered that the registered twin's parental responsibility cease pending further hearings.
The judgment, handed down earlier this month, noted that while future scientific advances may identify the father, current methods are prohibitively expensive. Judge Madeleine Reardon previously found that both brothers had sex with the mother within four days of each other during the conception month, making each equally likely to be the father.
McFarlane declined to declare that the registered twin is not the father, stating that failure to prove a fact does not prove the contrary. He added that it is not in P's welfare interests for the ambiguity to continue, and a lower court will determine whether either, both, or neither twin should have parental responsibility.
