La mère avait eu des relations avec les deux hommes, la justice incapable de déterminer lequel des frères jumeaux est le père de l’enfant
The British Court of Appeal has ruled that it is unable to determine which of two identical brothers is the biological father of a child. DNA tests have proven insufficient given their identical genetic makeup.
The justice system lacks the means to identify the child's biological father. The British Court of Appeal was unable to definitively establish the identity of the biological father of a child born after his mother had sexual relations with identical twin brothers, The Daily Telegraph reported on Monday, March 30.
The child's mother became pregnant after having sexual relations four days apart with each of the brothers, a timeframe that makes it impossible to definitively establish the father of the baby girl born later. The case went to court after one of the brothers was registered as the father on the baby's birth certificate. However, the other twin, along with the mother, sought to regain parental rights. A previous ruling had denied him this right, leading to an appeal.
"It is impossible to say which one" of the twins is the father
But the Court of Appeal of the United Kingdom and Wales, the highest court in the UK after the Supreme Court, ruled that it was "not possible" to identify the father. While a DNA test did confirm that the brothers could each be the father of the child and that there was no third man involved, their status as identical twins means they have identical DNA. On this basis alone, it is therefore impossible to determine the biological father.
“At present, the truth regarding the child’s paternity is that her father is one of the twins, but it is impossible to say which one,” said Sir Andrew McFarlane, Chief Justice of the Family Division. “It is possible, even probable, that by the time she reaches adulthood, science will be able to identify one of the fathers and exclude the other twin; but, for now, this cannot be done without a very high cost, and so her truth remains binary and cannot be reduced to a single man,” he added.
The obligations of the "father" listed on the birth certificate are suspended.
Pending a more reliable decision, the Court of Appeal suspended the parental obligations of the man listed as the father on the birth certificate. According to the judges, the first twin "had no right" to be registered as the father, and any responsibility incumbent upon him under the birth certificate "had to end."
They did not, however, remove his name from the birth certificate, on the grounds that there was still a "50% chance" that the man was indeed the child's father. "The inability to prove a fact means that it is not proven; this does not, however, prove the contrary," they added.
Commentaires (8)
Participer à la Discussion
Règles de la communauté :
💡 Astuce : Utilisez des emojis depuis votre téléphone ou le module emoji ci-dessous. Cliquez sur GIF pour ajouter un GIF animé. Collez un lien X/Twitter, TikTok ou Instagram pour l'afficher automatiquement.