Court of appeal says it cannot rule on which identical twin fathered a child

The court of appeal judge Sir Andrew McFarlane said the twin who had been on the birth register will have parental responsibility removed until the court hears further arguments. Photograph: Nikreates/Alamy

A woman who had sex with identical twins within four days of each other is unable to ensure one of them takes parental responsibility because it is “not possible” to know which is the father, the court of appeal has said.

One of the twins was registered as the father on the birth certificate of the child, referred to as P. His identical twin, along with the mother, sought to take over parental responsibility by asking the court of appeal to overturn a previous family court decision.