Abstract/Summary

This article illustrates the inconsistencies of the current law relating to intention as the basis for agreed parenthood. I argue that the courts are not always faithful to the underlying policy of recognising intention to attribute legal parenthood, in particular where the putative parents’ relationship has broken down. I claim that it is problematic to prioritise certainty of the existing inadequate procedural conditions at the expense of certainty for the child’s identity. A much clearer articulation of how intention is enshrined as the basis of parenthood is needed.