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Family Law

The leading authority on all aspects of family law

15 MAY 2006

MARRIAGE/PATERNITY: J v C (Void Marriage: Status of Children) [2006] EWCA Civ 551

(Court of Appeal; Thorpe, Wall and Richards LJJ; 15 May 2006) [2006] FLR (forthcoming)

Two children were conceived by donor insemination during the course of the purported marriage. Subsequently, the purported husband was discovered to be female. The marriage was declared void. The question arose whether the purported husband was a parent of the children.

Section 27 of the Family Law Reform Act 1987 applied in this case. In order to be a parent of a child born through artificial insemination by a donor (AID), the mother's partner had to be the other party to a marriage with the mother. Where the mother's partner was another woman, there could be no marriage, and the partner could not be the child's parent.

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