Man wins court order to disown twins fathered during threesome

The New Zealand man told the court another man, who he and his ex-wife had a consensual threesome with, was the real father of the twin girls, and he shouldn't be forced to pay child support.

The man said the twin girls were fathered by another man during a threesome. Picture: iStock

A man has successfully ‘disowned’ his twins in court after a judge ruled they were likely fathered during a threesome between him, his former wife and another man.

The man, who can’t be named for legal reasons, was awarded the non-paternity order earlier this year in a New Zealand family court.

The NZ Herald reports the ruling, which was released this week, showed how the man and his ex-wife adopted children after they were married.

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However, his wife gave birth to twin girls several years later despite the man being infertile and having undergone a vasectomy some 12 years earlier.

The ruling states the couple commenced a relationship with another man who is understood to be the twins’ biological father.

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Man "barely participated" in threesome

The woman maintained the purpose of the relationship was primarily to allow her to become pregnant, but her ex-husband said he didn’t want any more children.

“Whether this was for pleasure or to conceive a child remains a point of disagreement, but the fact is the parties were in this arrangement at the time of conception,” Family Court Judge Traicee McKenzie said in her ruling.

“Once the parties separated, the relationships soured and this application was made.”

The man later told the NZ Herald he “barely participated” in the threesome during which the twins were conceived and primarily “just watched”.

The NZ Herald reports the twins took the man’s surname and his name went on their birth certificate despite him not being their biological father.

The couple separated about two years ago, and were officially divorced about three months ago.

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The man said the twin girls were fathered by another man during a threesome. Picture: iStock

Mum claims man took on a parental role with her girls

The mum of the twins, who are now teenagers, told the court her now ex-husband had been involved in their lives since birth and had holidayed with them, bought them presents and called him ‘Dad’. 

The NZ Herald reports the man also included them in his 2020 will where they were referred to as “my children”.

However, she acknowledged the man wasn’t a “hands-on” father. She said her ex-husband was seeking the order to get out of child support obligations and remove any right the twins might have to bring a family protection claim against him.

The man said the twins always called him by his first name, they holidayed together once, he never bought them presents, and immediately distanced himself from them after his separation.

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The man's name will be taken off the twins' birth certificates. Picture: iStock

"He made it clear he wants no relationship with them"

Judge McKenzie said in her ruling the man had not tried to contact the twins after his separation, and neither of them had tried to reach out to him.

“I must take into account his rigid, consistent and immoveable views from the date of separation that he rejected any form of relationship with the girls or that the girls were his own biological children,” Judge McKenzie said.

“He has made it clear from the outset that he wants no relationship with them.”

The NZ Herald reports the girls were part of the family “by virtue of their mother only”, and they had not given evidence to the court about their relationship with the man.

“There was no evidence in any detail of the nature of that relationship. No evidence of any expression of love or affection between them that would have been expected between a father and his daughter. There were no photos of shared experiences between them, holidays, special events and special moments,” Judge McKenzie said.

“They were children who lived in his house.”

The court ruled the twins were not the man’s biological children and awarded a non-paternity order in his favour. His name will be removed from their birth certificates.

Originally published as Man wins court order to disown twins fathered during threesome