Mark Harper: When a biological father who is not a legal parent can seek contact with his child

The decision of Baker J in Re G and Re Z last week resolved the circumstances in which the father of a child conceived by a lesbian couple in a civil partnership can seek leave to apply for contact.

Although there was not much publicity at the time as to the impact of it the Human Fertilisation and Embryology Act 2008 ("HFEA 2008") introduced a radical change in the law.  For the first time in some circumstances a biological father is no longer regarded as a legal parent. Such a father requires leave of the court to apply for a section 8 order.

The relevant provisions of HFEA 2008 are ss.42(1) 45(1) and 48(1). S.42(1) provides "If at the time of the placing in her of the embryo or the sperm and eggs or of her artificial insemination W was a party to a civil partnership then ... the other party to the civil partnership is to be treated as a parent of the child unless it is shown that she did not...

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