The black biological father of mixed-race twins born to a white mother after a "tragic" IVF sperm mix-up is the children's legal father, a British High Court judge ruled today.
Family Division President Dame Elizabeth Butler-Sloss stressed that despite her ruling, everyone concerned agreed that the children should remain with the white mother and her husband.
The judge announced her decision at London's Law Courts that the black biological father of the twins, Mr B, and not the husband of the white mother, Mr A, was the "legal father".
The babies, referred to only as Y and Z, were born following a procedural blunder at the Assisted Conception Unit at Leeds General Infirmary when the black man's sperm was mistakenly used to fertilise the eggs of the white woman, Mrs A.
Dame Elizabeth said: "These two families have gone through an astonishingly traumatic experience.
"I can't think that anybody could consider any experience could be more traumatic than this and they will have to come to terms with my judgment and its consequences unless or until the Court of Appeal say that I am wrong."
Within domestic family legislation "there are remedies which can underpin and protect the position of Mr A with respect to the twins".
Mr and Mrs A can apply under the Adoption act 1976 to adopt the twins, she said.
After the ruling, Andrea Dyer, solicitor for Mr and Mrs A, confirmed that the couple would be seeking to legally adopt the twins.
She said: "The couple feel blessed that they have two beautiful children and Mr A will continue to treat them as his own.
"They feel a great deal of sympathy for Mr and Mrs B."
Mohammed Ayub, solicitor for Mr and Mrs B, praised Mr and Mrs A for their "sensitivity and understanding".
He said his clients wanted time to reflect on the judgment before deciding what to do.
PA