G (Children), Re
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- LORD JUSTICE MOSES
- LORD JUSTICE KITCHIN
Areas of Law
- Family Law
- Evidence Law
- Human Rights Law
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
The appellant, the genetic mother of twins conceived using her donated eggs, challenged a court ruling denying her shared residence order and parental responsibility for the twins. The Court of Appeal found that the original judge failed to consider all relevant factors, particularly the genetic connection and the appellant's role in the twins' lives. The case was remitted for a fresh hearing to reassess the appellant's request for shared residence. The case demonstrates legal principles on parental responsibility, the relevance of genetic linkage, and the evolving nature of family law.
Judgment
Black LJ:
This appeal concerns twin girls (“the twins”) who were born in the summer of 2008 and are therefore now 5 years old. The issue is whether Her Honour Judge Black was wrong to refuse to grant a shared residence order in relation to them. The reason why the appellant sought such an order was because it would bring with it parental responsibility for the twins which she does not otherwise have.
The appellant and the respondent, who is the twins’ mother, met in the 1990s. Initially, they had an intimate relationship. At some point, the relationship became platonic but they continued to share a house until October 2012. The respondent says that before the twins were born, they had ceased to be in a relationship and were simply living together as close friends; the appellant considers that the relationship continued until the autumn of 2012.
Parentage
I need to explain the parentage of the twins. Following unsuccessful attempts by the respondent to conceive using her own eggs, the appellant agreed to donate eggs so that the respondent could become pregnant. She donated eggs which were fertilised with sperm from an anonymous donor. The embryos were implanted in the respondent who carried and gave birth to the twins.
Some embryos remained and one was used to enable the appellant to carry and give birth to her daughter, D, in November 2012.
The appellant is therefore genetically the mother of D and the twins and the children all have the same father; biologically, they are full siblings. The appellant is also, in law, D’s mother. However, she is not the twins’ mother. By virtue of section 27(1) Human Fertilisation and Embryology Act 1990, the respondent is the twins’ mother.
Factual background
The proceedings have precipitated long and detailed statements from the parties in which each set out her perception of their joint history, of the steps taken to conceive the twins, and of the upbringing of the children. The statements date from June 2013 and were prepared in the context of what was then a wide ranging dispute between them. The appellant’s applications at that time included an application for an order that she should be the twins’ main carer which was fiercely resisted by the respondent. There has not been a hearing at which evidence has been given and findings made which would provide us with a firm factual foundation. I will therefore attempt to describe the history as neutrally as I can, avoiding straying too much into disputed