31st Mar 2014

Family Law in Partnership advise on important Court of Appeal case

Custody dispute over twin girls: Re G Children

Family Law in Partnership advised on an important custody case which was heard in the Court of Appeal last week.

The case reported as Re G Children [2014] EWCA Civ 336, which was covered by The Times and The Telegraph, concerned five year old twin girls who were at the centre of a court battle between two women who had had a lesbian relationship.

Associate Elizabeth Fletcher acted for the birth mother who had received the eggs donated by her former lesbian partner. Under the Human Fertilisation and Embryology Act 1990 the woman who gave birth to the twins is classed as their mother and their genetic mother has no formal parental responsibility. The county court judge awarded sole residence to the birth mother. The genetic mother appealed this decision and 25th March 2014 the three judges at the Court of Appeal upheld the challenge by the genetic mother.

The case will now be returned to the County Court for the decision to be reconsidered.