Black father claims rights over IVF twins
DAVID MCMILLANTHE BLACK father of mixed-race test tube twins born to a white couple after a hospital blunder asked a High Court judge today to tell him what future rights - if any - he has over the children.
The white couple, known as Mrs and Mrs A, claim he was only a sperm donor and has no parental rights. But he claims legal and human rights over the future of the 18-month-old twins.
Known to the court as Mr B, he wants Family Division President Dame Elizabeth Butler-Sloss to rule on the twins' legal parentage and his rights as their biological father. How or if those rights can be exercised would be for another court to decide.
DNA tests have already proved he is the biological father and the white woman is the biological mother, while her husband is the twins' "social and psychological" father. In November Dame Elizabeth revealed that the mix-up, when Mr B's sperm was mistakenly used to fertilise Mrs A's eggs, happened at Leeds General Infirmary's assisted conception unit, where both couples were having IVF.
The judge said today: "No one is suggesting the twins should be uprooted from Mr and Mrs A's care. Once the legal decision as to parentage has been made, both couples will need time to reflect upon whether they seek any assistance about other matters from the Family Division."
Judith Parker QC, for Mr and Mrs B, who remain childless, said Mr B could not be regarded in the same category as a sperm donor because neither couple gave consent to what happened. After the hearing, which continues, judgment is expected to be reserved.
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