The Court of Appeal has ruled that it cannot determine which of two identical twins is the father of a child, after both had sex with the mother within four days of each other. The case, involving a child referred to as P, saw one twin seek to remove parental responsibility from the other, who is registered as the father on the birth certificate.
Sir Andrew McFarlane, Lady Justice King, and Lord Justice Stuart-Smith heard that DNA testing confirmed either twin could be the father, but could not distinguish between them. As a result, there is a 50% chance the correct father is already registered. The court ordered that the registered twin's parental responsibility cease until further hearings.
In a judgment handed down earlier this month, McFarlane stated: 'Currently the truth of P’s paternity is that their father is one or other of these two identical twins, but it is not possible to say which.' He noted that future scientific advances might resolve the issue, but for now, the truth remains binary.
Judge Madeleine Reardon previously found that both brothers had sex with the mother within four days of P's conception, making it equally likely that either is the father. McFarlane declined to declare that the registered twin is not the father, emphasising that failure to prove a fact does not prove the contrary.
The court concluded that the ambiguity over parental responsibility is not in P's welfare interests and referred the matter to 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.
