A LESBIAN has been removed from a same-sex birth certificate — because her partner secretly had sex with the sperm donor father.
She was told by a judge she had no biological or other connection with the child and had no legal right to be listed as a parent on the document.
The ruling came at the end of a bitter High Court tussle which was described by the judge as a cautionary tale on the risks of informal arrangements for artificial insemination.
In her ruling, Mrs Justice Gwynneth Knowles added: “The fallout from this couple’s separation has been devastating for each of them and for their named sperm donor.
“In due course, the child concerned will need an age-appropriate explanation of what happened when she was conceived and why it is that she now has a different birth certificate.”
The couple at the centre of the dispute placed an advert for help starting a family at the end of 2016.
They met the sperm donor in a pub to agree terms.
However, their first two attempts at artificial insemination proved unsuccessful.
The future mum, known only as P, was heartbroken and turned to the donor for comfort.
They secretly met at her parents’ home while they were out of the country and had sex, the judge said.
The pair slept together on two more occasions before P became pregnant.
Her then-wife, referred to in court as Q, assumed the pregnancy was the result of artificial insemination and was overjoyed.
The baby was born in late 2017 and the birth certificate was registered by both women.
P was listed as the biological mum and Q as parent.
But after their marriage collapsed and the couple rowed over childcare arrangements, P admitted that she had cheated with the donor.
The judge has now ruled Q must be erased from the birth certificate.
She said: “Q has no biological connection with X and must come to terms with her lack of legal recognition as a parent by reason of my decision.”
