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Should sperm donors be entitled to claim joint residency?

On 15 November 2010, the Court of Appeal adjudicated a custody battle over two children conceived by artificial insemination by a lesbian couple using donated sperm (the case of T v T). In this unusual case, the sperm donor had parental responsibility for the children and applied for further access. In June 2010, a Court at first instance granted the father joint residency, which allowed him equal access to the children, involving 152 night stays. The couple applied for a primary residency order on the basis that the original order "marginalised" the mother's partner’s rights. In its judgment dated 1st December 2010 ([2010] EWCA Civ 1366) the Court of Appeal refused to overturn the joint residency order on the basis that it was appropriate to include the father in the order in the event that the mother died.


Comments (1) -

  • Simon Readhead Q.C.

    12/22/2010 8:55:44 AM |

    This is a further indication that in "hard cases" the courts will seek to apply a fact sensitive, welfare informed, approach to the determination of parental rights and responsibilities.

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