Summary Children Law Cheat Sheet for Problem Questions

Parenthood

Mother at Birth


1) Natural birth, or artificial insemination: whoever gave birth
a) Cis woman (Ampthill Peerage)
b) Trans man (TT and YY)
2) Artificial insertion of an embryo, or of sperm and eggs
a) Whoever gave birth (HFEA, s33)



Father at Birth


1) Natural
a) Genetic father = legal father
b) Presumptions:
i) In favour of father = husband
ii) In favour of father = man on certificate
iii) But can be overturned by DNA testing
2) Sperm donor
a) No second legal parent at birth (HFEA, s41)
3) Father’s sperm artificially injected into mother
a) See ‘Natural’.
4) Mother is artificially inseminated by someone else
a) Are the father and mother married?
i) If so, father must consent (HFEA, s35)
b) Are the father and mother unmarried?
i) If so, he must consent (HFEA, s36/7)
ii) And it must be in a licensed clinic



Second Mother at Birth (“female legal parent”)


1) Married / in a civil partnership with the mother? (HFEA, s42)
a) Must consent
2) Not married / in a civil partnership with the mother (HFEA, s43/4)
a) Must consent
b) Must be in a licensed clinic



Transfer of Legal Parenthood Order


1) Sole applicant (HFEA, s54A) or joint applicants (HFEA, s54)?

, 2) Are the conditions below met?
a) Genetic parent-child relationship
b) Intended parents married/CP/enduring relationship
c) Within 6 months of birth (extendable)
d) Child already domiciled with intended parents
e) Intended parents domiciled in UK
f) Intended parents both over 18
g) Free, unconditional, fully understood consent to the transfer
h) Consent of surrogate given 6 weeks before birth
i) Only ‘reasonably incurred’ expenses (variable)
3) Any disputes, see “Private Law” below.




Parental Responsibility

Mothers


1) Have PR at birth (CA, s2)


Father


1) If married to the mother, has it at birth (CA, s2)
2) If not married to her, if one of the following applies (CA, s4)
a) On the birth certificate
b) By parental responsibility agreement
c) By parental responsibility order
d) By CAO


Second Mother (“female legal parent”)


1) If married/CP with mother, if a legal parent (HFEA, s42)
2) If not married to her, if one of the following applies (CA, s4ZA)
a) On the birth certificate
b) By parental responsibility agreement
c) By parental responsibility order
d) By CAO
e) By being a s42 legal parent


Step Parents


1) If married/CP of a person with PR
a) By agreement with said spouse or partner

, b) By parental responsibility order (CA, s4A)


Other Individuals


1) For the duration of a CAO made for them (CA, s12)


Parental Responsibility Orders


Where a father is committed, the order will be made “wherever possible” (Re S),
but note criteria:

1) Shown commitment to the child (Re H)
2) Attachment between them and child (Re H)
3) Good faith reasons for applying (Re H)

If those 3 are met, a “rebuttable presumption” arises needing cogent contrary
evidence that the applicant will benefit from the order (Re M).

4) Parental rights prospectively enforceable (Re M)
5) Status, exercise, rights and restrictions well interrelated (Re M)

Fact patterns that have led to denial:

1) Low IQ + prone to violence (M v M)
2) Motives were to intervene with mother’s care (Re P)
3) Violence towards mother + non-compliance with CAO (Re T)
4) Long prison sentence for robbery offences (Re P)
5) Injured child + sadistic behaviour (Re H)
6) Violent past + mother phobic of A (Re L)



What does PR cover?


Matters of PR exercisable individually (CA, s2(7)):

● “Raising” the child
● Having contact with them
● Protecting and maintaining them
● Disciplining them (harm less than ABH: CA 2004, s58)
● Naming them (where not unusual, foolish, extreme: Re C) [see caveat below]
● Determining their religion (Re J (Religious Upbringing)) [see caveat below]
● Consenting to medical treatment (Re C (Immunisation)) [see caveat below]