Declaration of parentage after mistake at register office

31 Aug 2022 | Isabelle James

Recently in the news has been the outcome of the case of Osborne & Anor v Cambridgeshire County Council [2022] EWHC 1982 (Admin). This involved a female same-sex couple where the applicant, Ms Osborne, had made applications for a Declaration of Parentage and to revoke an adoption order made in her favour.

Background to the case
Ms Osborne and her partner, Ms Arnold’s child ‘C’ was born in August 2014. Ms Arnold had carried the pregnancy and so was registered at the child’s birth as the mother. Ms Osborne, however, was incorrectly advise by the Register Office at the time that she could not be named upon the birth certificate as their child’s other legal parent, despite having signed forms when the couple were going through IVF confirming that she should be registered as such.

This misinformation by the Register Office ultimately lead to Ms Osborne undertaking adoption proceedings to be legally recognised for life as her child’s second parent.

It was only when Ms Osborne and Ms Arnold had their second child in 2018 and were able to register both parents on the birth certificate without issue that they understood that something had gone seriously wrong in 2014 with the advice given by Register Office staff.

The outcome
At the recent final hearing, the Judge made a Declaration of Parentage in Ms Osborne’s favour so that she and her partner could re-register C’s birth with both their names on the birth certificate. The Judge also revoked the unnecessary adoption order so that C’s birth registration could be changed and their name removed from the Adopted Children’s Register

This was certainly the right outcome for this family. However, reform is needed in the area of birth registration for LGBTQ+ families.

If you have any questions or worries about how the Law will affect the registration of your child’s birth, please contact one of our specialist team. The fertility team at Osbornes have previously represented families in declaration of parentage cases, where serious mistakes were made by fertility clinics.

If you are embarking on your own fertility journey and seeking advice, please do not hesitate to reach out to our specialist team of fertility lawyers.

The team, headed by the internationally respected lawyer, Naomi Angell, offers advice to intended birth parents, co-parents or donors on how the law applies and on what legal rights they will acquire on the birth of a baby or by subsequent agreement or court application, advice about parental responsibility, parentage and any dispute that may have arisen between parties.

Osbornes Law are one of the only law firms in London to specialise and advise families on different pathways to parenthood including in fertility law, surrogacy and adoption. Naomi and her team are happy to discuss these with you, to help you decide what is the best way for you to grow your family.

Share this article

Contact

Speak to Isabelle Today

For a free initial conversation call 0207 485 8811

Email us Send us an email and we’ll get back to you






    • "Recognised for its expertise in both domestic and international adoption, as well as assisted conception."

      Chambers UK

    • "Naomi Angell is a leading figure in domestic and inter-country adoptions, and also has expert knowledge of related fertility and surrogacy issues."

      Chambers UK

    Related InsightsVIEW ALL

    1. 31.8.2022

      What if my partner predeceases me before we...

      A review of a recent case concerning consent during fertility treatment. When going through fertility treatment as a couple, it...

      Read more
    2. 31.8.2022

      Declaration of parentage after mistake at register office

      Recently in the news has been the outcome of the case of Osborne & Anor v Cambridgeshire County Council [2022] EWHC 1982 (...

      Read more
    3. 2.8.2022

      New strategy to make fertility treatment more accessible

      In July 2022, the Department of Health for England released its strategy aimed at improving Women’s Health. While women represent 51%...

      Read more
    4. 5.7.2022

      Proposed Changes to Gamete Donor Anonymity Laws in...

      The Human Fertilisation and Embryology Authority (HFEA) has proposed changes to the law surrounding gamete donor anonymity in the UK....

      Read more
    5. 22.12.2021

      Naomi Angell, founder, celebrates Coram Children’s Legal...

      Naomi Angell, Head of Osbornes’ Adoption, Surrogacy and Fertility Law Unit spoke, at the 40th birthday of the Coram Children’...

      Read more
    6. 18.11.2021

      Legal considerations in the surrogacy process

      What Are My Surrogacy Options at Home and Abroad? When you’re considering surrogacy as an intended parent, you may...

      Read more
    7. adoption
      20.10.2021

      Birth parent fails to overturn adoption order

      Most adoption applications go through smoothly and it is only in the minority of cases that birth parents seek to...

      Read more
    8. 21.9.2021

      Changes in Fertility Law Benefit Families

      Following campaigning by those working in the fertility sector and public consultation in 2020, the Government announced on 6th September 2021 that...

      Read more
    9. 12.6.2020

      Naomi Angell, Adoption specialist comments on international surrogacy...

      Writing for the Law Society Gazette, Naomi explores the current challenges and problems around international surrogacy and the differing current...

      Read more
    10. 13.8.2019

      Expert Fertility Lawyer at Osbornes Represents Parents after...

      Judgement was handed down today by Lord Justice Munby, president of the Family Division of The High Court in [2016] EWHC 2273 (...

      Read more
    11. 13.8.2019

      Naomi Angell appointed to the Law Society Children’...

      Naomi Angell, children’s lawyer and head of Adoption, Surrogacy and Fertility Law at Osbornes has been appointed to the...

      Read more
    12. 13.8.2019

      Adoption specialist Naomi Angell, gives evidence to the...

      Naomi Angell, head of Osbornes adoption team gave evidence on 16th October 2012 to the House of Lords Select Committee on...

      Read more
    13. 9.8.2019

      Celebrating surrogacy and raising awareness

      National Surrogacy Week (5-11 August) is back again and celebrating surrogacy in the UK. This valuable week helps to raise...

      Read more
    14. adoption
      25.3.2019

      Russian Adoptions

      Adopting a baby from Russia can give a chance of a family to a child who would otherwise spend their...

      Read more
    15. 31.1.2019

      Change in Surrogacy Law

      Surrogacy Law has just been changed to enable a single person to apply for a parental order in applications for...

      Read more
    16. 26.2.2018

      Thai Case Shines The Light on International Surrogacy

      A story reported by the Telegraph this week raises some interesting questions about international surrogacy. The reporting states that a 28...

      Read more
    17. 19.1.2016

      Sperm donors: licensed clinics v unlicensed donations

      The issue of unlicensed sperm donors and online sperm donors has once again recently been raised in the media following...

      Read more
    18. 17.6.2011

      Dawn of a New Era – Launch of new...

      Naomi Angell, Osbornes’ resident adoption specialist, attended the launch of the new guidance on adoption at the Foundling Museum in...

      Read more
    19. 17.6.2011

      Osbornes consultant appointed to Joint Chair Law Society...

      Naomi Angell, family law consultant at Osbornes and leading adoption lawyer specialist has been appointed as joint chair of the...

      Read more

    VIEW ALL