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In principle the legal father of a child is the person who provides the sperm which leads to conception Under s 28 2 of Human Fertilisation and Embryology Act 1990 the husband of a woman who is artificially inseminated is treated as the father of the child unless it is proved that he did not consent to the treatment Thus in Re CH Contact Parentage a married couple tried unsuccessfully to have a child They received fertility treatment together and were eventually advised that AID would be the most appropriate procedure After the marriage broke down the mother sought to deny the husband contact arguing that he was not the childs biological father Judge Callman refused to accept this The Act also contains a provision which equates the position of a couple living together in a stable relationship outside marriage with that of a married couple It is provided that where a sperm has been used in the course of treatment services provided for a man and a woman together under a licensing procedure established by the HF EA 1990 then the man is treated as the childs father HF EA 1990 s28 3 The real issue is whether the couple has embarked on a joint enterprise with the object that the woman should conceive and bear a child Thus in Re B Parentage a man gave a sperm on the occasion of a visit to a hospital together with the mother It was held that he and the mother had received treatment together On the facts of the case Barbie and Ken are in a stable relationship Provided that the clinic where the AID treatment took place was licensed and that the couple sought the AID together Ken consented to the AID then Ken would be regarded as the legal father of Seth The anonymous donor despite being the genetic father does not have this legal status
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