Court of appeal says it cannot rule on which identical twin fathered a child

One twin wanted to take parental responsibility from the other for child P after both had sex with child’s mother

A woman who had sex with identical twins within four days of each other is unable to ensure one of them takes parental responsibility because it is “not possible” to know which is the father, the court of appeal has said.

One of the twins was registered as the father on the birth certificate of the child, referred to as P. His identical twin, along with the mother, sought to take over parental responsibility by asking the court of appeal to overturn a previous family court decision.

Sir Andrew McFarlane, sitting with Lady Justice King and Lord Justice Stuart-Smith, said that while DNA testing has revealed that either of the twins could be the father, it cannot distinguish between them so there is a 50% chance of the correct father being already on the birth certificate.

He said the twin on the birth register will no longer have parental responsibility until the court hears further arguments.