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Whose Sperm is it Anyway?

Published online by Cambridge University Press:  24 November 2003

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How legally significant is the presence or absence of the genetic connection between a man and a child in the determination of paternity? The common law regarded it as all important and it is still the case that the status of legal father will generally follow proof, or in the case of marriage to the mother the presumption, of this genetic connection. This is the normal rule which will apply unless there is something to displace it (see, for example Bracewell J. in Re B (Parentage) [1996] 2 F.L.R. 15). Where assisted reproduction takes place, however, the Human Fertilisation and Embryology Act 1990 openly treats as legal parents some of those who may lack this genetic connection and denies legal parentage, in the case of licensed sperm donation, to those donating sperm despite their obvious genetic link with the child.

Type
Case and Comment
Copyright
Copyright © Cambridge Law Journal and Contributors 2003