In family law, paternity disputes often pose unique challenges. Although advancements in science and technology now offer greater accuracy in determining biological paternity, some cases remain so complex that even these advancements cannot provide the conclusive evidence required by law.
Examples of such cases can be found in Ancient Greek Mythology, where it is implied that Heracles (also known as Hercules) and his twin, Iphicles, are the result of ‘heteropaternal superfecundation.’ This is the process where two or more eggs from the same cycle are fertilised by sperm from two separate donors, in this case, one from the god Zeus and the other from a mortal man.
In the modern era, Joel Tyson, a Solicitor Advocate based in Chelmsford, examines a more recent example of unusual paternal origin in the case of “Re Child A and Child B (Paternity: Identical Twins) [2024] EWFC 132 (B)”. This case underscores the complexities lawyers and courts face in matters where paternity is not easily resolved.
In this case, the court was tasked with resolving a paternity dispute, which was complicated by the two potential fathers being identical twins. The twin brothers had sexual relations with the mother during the relevant period, and the mother became pregnant.
However, identical twins share the exact same genetic makeup, and this biological phenomenon created a unique challenge in determining paternity through DNA testing, as standard DNA testing could not conclusively determine the biological father of the child.
Despite extensive evidence, including WhatsApp messages, photographs, and witness statements, the court was unable to irrefutably determine which twin was the child’s biological father. Specific genome testing which could have resolved the dispute would have cost in the region of £90,000.00, which would be prohibitively expensive for either of the parties to fund.
This case also highlights how paternity disputes involve so much more than just legal considerations; they incorporate human and ethical dimensions and a raft of emotional complexities. Here we have two brothers pursuing paternity claims. Two brothers who both believe they are the child’s father.
The repercussions of this case are far reaching for both men and for the child, the mother, and the rest of the family. There is a ripple effect that will be felt for years to come, and their legal representatives need to be sensitive to this.
In this particular matter, the judge determined the most pragmatic solution was to refer the case to the Ministry of Justice, so they could decide whether to provide discretionary funding for full genome sequencing. The case is ongoing, and it will be interesting to consider how the court approaches the issue if the Ministry of Justice refuses to fund the testing.
This case serves as a reminder that while science and law have come a long way in addressing issues of paternity, there remain scenarios where definitive answers may be elusive. Family lawyers and the courts must continue to adapt and evolve practices to navigate these challenges sensitively and effectively.
If you or anyone you know would like advice in relation to this issue, or any other dispute involving a child or children, please contact our family law team on 01206 835300 or contact us.
