In Paternity Case, Court Rules It Can't Tell Which Twin Is Father

In a case that even DNA can't untangle, England's Court of Appeal says it cannot determine which of two identical twins fathered a young child—at least not with current science at an affordable price, the Guardian reports. The girl, known as P, was conceived after her mother had sex with both brothers within four days, and genetic testing shows either man could be the parent with equal likelihood. One twin is listed as the father on P's birth certificate, but Sky News reports that the other twin and the baby's mother launched the legal action because they want to be recognized as the baby's parents.

Sir Andrew McFarlane, the head of the family division, ruled he "was not entitled" to be registered as such and ordered that any parental responsibility he held must end for now. However, the court refused to state he is definitely not the father, stressing that failing to prove a fact is not the same as proving the opposite. A lower court will now decide whether one, both, or neither twin should hold parental responsibility, with judges noting it is "plainly not" in P's best interests to leave the situation unresolved. The identities of the family members have been withheld.