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Zahra Pabani
Zahra Pabani
Partner - Family Law
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CONTACT: Re H (Contact With Biological Father) [2012] EWCA Civ 281
Date:26 MAR 2012

(Court of Appeal; McFarlane LJ, Sir Scott Baker; 27 February 2012)

The husband and wife were unable to conceive and agreed for husband's friend to act as sperm donor. The wife and friend ended up having a full sexual relationship and conceived a child. The father applied for parental responsibility and contact. The husband and wife reconciled during pregnancy. The judge dismissed father's application for parental responsibility and contact. Declaration of child's paternity and birth certificate rectified granting the father parental responsibility. District judge allowed father's appeal and ordered direct contact.  Mother appealed.

Appeal allowed. There had not been a sufficient evaluation of the issues and where the child's best interests lay. Remitted the case to a fresh judge.