High court rules Barnsley council does not have right to force man to take DNA test to determine parentage of son

cross-posted from: https://feddit.uk/post/7913794

A man who mixed his sperm with his father’s to help get his partner pregnant will not be forced to take a paternity test, the high court has ruled.

The man, identified as PQ as he cannot be named for legal reasons, and his partner (JK) had experienced fertility problems and were not able to afford IVF treatment, the court heard at a hearing last month.

As a result he agreed to mix his sperm with his father’s (RS), which was then injected into the woman. The arrangement, which Justice Poole was informed had been “always intended” to be kept secret, led to the birth of a now five-year-old boy (D).

But once Barnsley council became aware of the circumstances of the boy’s conception as a result of separate proceeding, it launched a legal bid to determine his parentage.

…

However, in a judgment handed down on Thursday, Poole dismissed the bid, saying that he found the council had “no stake in the outcome”.

…

“A wish to uphold the public interest in maintaining accurate records of births does not confer a personal interest in the determination of such an application.”

…

Throughout the case, the judge said that the family had “created a welfare minefield”, adding: “I cannot believe that JK, PQ and RS properly thought through the ramifications of their scheme for JK to become pregnant, otherwise it is unlikely that they would have embarked upon it.”

…

“Without testing, his biological paternity remains uncertain but there is a strong chance, to say the least, that the person he thinks is his grandfather is his biological father, and that the person he thinks is his father is his biological half-brother.”

  • RubberDuckEnglish
    36•10 months ago

    And if you intend something to be secret maybe don’t tell anyone. Only 3 people knew… one of them blabbed.

    • @GlenRambo@jlai.luEnglish
      19•10 months ago

      Through another proceeding. Who knows what that was. Potentualy welfare related and the family thought telling the truth would have put them in a financially better position. Just a guess.

  • @ladicius@lemmy.worldEnglish
    23•10 months ago

    This by far is not the first, not the only and not the last case of a father impregnating his sons partners.

    People fuck every chance they can. It’s nature.

      • @surewhynotlem@lemmy.worldEnglish
        15•10 months ago

        The uncertainty allows people to believe whatever version of events they like.

        In reality, that’s the grandfather’s kid. The son and his wife could not conceive and adding more sperm won’t make the son’s sperm more likely to conceive. But by doing this ridiculous dance, the son and his wife can pretend it’s theirs. I imagine the grandfather was chosen because then, genetically, the kid will at least be somewhat close to the father.

    • ᴇᴍᴘᴇʀᴏʀ 帝OPEnglish
      -5•10 months ago

      True that this has been going on since Adam went a bit far comforting Abel’s wife, but this is whole new levels of messed up.