THE parents of a test tube baby who want to find out more about the child's genetic father have won the first round of a test case, brought in the child's name, at the High Court.

The parents of the five-year-old from York, identified only as Child L, say the refusal to give them information about the sperm donor amounts to a violation of the child's Human Rights.

In a joint case brought with 29-year-old Joanna Rose, from Brisbane, Australia, it is being argued that she and the child could be told more to each establish their identity as individual human beings.

The parents of Child L have been told basic details about the donor's appearance - his height, eye colour and build - but they say they must have more if they are to make an informed decision on whether to tell the youngster of the circumstances of his birth.

They also want to know more about the donor's medical history in case Child L develops genetic illnesses in the future.

Monica Carss-Frisk QC, for Miss Rose and Child L, argued both were entitled to know more details about their genetic fathers under the European Convention on Human Rights, which enshrines the right to "respect for family life".

Miss Carss-Frisk was adamant that neither Miss Rose, nor Child L's parents were seeking to obtain "identifying information" about genetic fathers.

But, she argued, there was no good reason why they should not be allowed to know such details as the father's blood type, his relevant medical history, any genetic illness from which he suffered, his reasons for donating sperm, his social and family background, religion, skills, interests and occupation.

She said Child L's parents had a real need to know more so they could make an informed decision about whether to tell their child the natural father was a sperm donor or keep that a secret.

Nigel Giffin, representing the Department of Health, described the judicial review as "half baked".

He said the department was to hold a consultation exercise later this year on whether test tube children should be permitted to know more about donor parents.

Despite resistance from the Department of Health and the Human Fertilisation and Embryology Authority, Mr Justice Scott Baker declared the case "arguable" yesterday, opening the way for a full judicial review. The cases are likely to be heard in the spring.