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The Court of Appeal has today handed down judgment in Re J, Re M, Re P (Loss of Parental Responsibility) [2026] EWCA Civ 344, three conjoined appeals dealing with legal parentage.
The court considered the impact of a declaration of non-parentage in the case of a man not married to a child’s mother, who is named on the child’s birth certificate but who is subsequently proved not to be the child’s biological father.
The court concluded that the definition of “father” is the common law definition and is limited to a child’s biological/genetic father, and that where an individual is registered as a child’s “father” on the child’s birth certificate, the parental responsibility attributed by such registration does not attach to that individual if they are not, in fact, the biological/genetic father of the child. No parental responsibility is acquired at any stage by an individual who is wrongly registered as “father” on a birth certificate.
William Horwood and Lauren Starmer acted as junior counsel for the mother in Re M, together with Daniel Taylor and led by Shiva Ancliffe KC (both of Coram Chambers). Counsel were instructed by Angela Ross of Greens Solicitors.”
The judgment can be viewed here >>>.
Written by Anthony Burgess
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