Through an analysis of cases where a declaration of non-parentage has been made in the context of flawed consent to the agreed parenthood provisions under the HFE Act 2008, 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. If intention, expressed through consent to the use of donated gametes and ensuing parenthood, is to provide as much certainty as parentage based upon a genetic link, then administrative flaws in the respect of the legislative formalities should not allow parenthood to be challenged where there is nevertheless evidence of the parties' intention to become parents. I argue that it is problematic to prioritise certainty of the existing inadequate procedural conditions at the expense of certainty for the child's identity. Given that parenthood is central to an individual's identity and consequently has repercussions not only for the individuals concerned, but for wider society too, a much clearer articulation of how intention is enshrined as the basis of parenthood is needed.