He was also told that the mother's new partner would be unable to adopt the girl without a court hearing at which he could outline his objections.

Dame Elizabeth Buitler-Sloss: Seeks compromise

That court has referred the matter to the Human Fertilisation and Embryology Authority (HFEA), which regulates IVF issues in the UK.

A HFEA spokesman told BBC News Online that the judges had upheld the law which stated that a woman's partner when she conceives should be regarded as the father of the child.

He added: "Every couple is subject to background checks and assessments. We will seek to ensure that these were carried out properly in this case".

Under IVF legislation, a man who signs consent papers has the right to call a child his even if the sperm came from another donor.

Every couple is subject to background checks and assessments

HFEA spokesman

In the case before court on Wednesday, however, the baby's mother only conceived after a second course of treatment when she was with her new partner.

That man is now claiming that he has the right to be called the child's father.

The appeal judges were Family Division President Dame Elizabeth Butler-Sloss, Lady Justice Hale and Lady Justice Arden.

Dame Elizabeth Butler-Sloss said the woman had "deceived" the IVF unit in Liverpool.

When she signed up for a second course of treatment, she did not tell the clinic that she had a different partner.

"The clinic was in ignorance of the fact that the couple who presented themselves were not the couple who attended a year before," Dame Elizabeth said.

Dame Elizabeth urged the woman and the two men involved to come to a "sensible and reasonable" compromise about access to the child without involving lawyers.