Child Law Notes
Index:
1. Parentage & Legal Parenthood
- Establishing Parentage and - Surrogacy
Parenthood - A right to know the truth of one’s
- Rebutting Presumption of genetic parentage
Paternity - Right to be a parent
- Assisted Reproduction - Same-sex couples and Parenthood
2. Parental Responsibility
3. Adoption
4. Children’s Rights
- Childhood
- Parental Rights
- The Welfare Principle
- Medical Treatment
- Corporal Punishment
5. Private Disputes Concerning Children – s8 Orders
- Child Arrangements Order - s1(3) CA 1989 Checklist of
- Special Issue Order Factors
- Prohibited Steps Order - Controversial Issues in Private
- Who can apply for s8 orders? Disputes
- Children’s Welfare in Private - Enforcement of Child
Disputes Proceedings Arrangements Orders Regarding
Contact with a Child
6. International Parental Child Abduction
- Lawful removal of children from - The position of unmarried fathers
the UK - Child Abduction Act 1984
- Permission to relocate - Factors - Hague Convention on Civil
emerging from the case law Aspects of International Child
- Temporary removal from the UK Abduction 1980
- Preventing removal of children - Art. 13 Exceptions
from the UK - Abduction and Non-convention
- Types of order countries
7. Child Protection Measures (Public Law Cases)
- The “Baby P” case - Care Orders
- The Webster case - Supervision order
- Public Authorities and Child - How does a court decide between
Protection a care and a supervision order?
- Human Rights Act 1998 - What happens after a supervision/
- Protection through State care order is made?
intervention under the Children - Challenging a decision made by
Act 1989 the LA
1
, Parentage and Legal Parenthood
What is the meaning of ‘parenthood’?
3 different notions that describe a relationship of a child and a carer:
1. Parentage: those genetically related – law can’t change this
2. Parenthood: parents in the eyes of the law – adoption
3. Parental responsibility: holders of rights and responsibilities attached to being a
parent (not necessarily a parent) – Can be exercised by someone who isn’t a parent
– EG: grandparents
Establishing Parentage and Parenthood
Who is a child’s mother?
Woman who gives birth:
- s33(1) Human Fertilisation and Embryology Act 2008: The woman who has
carried a child as a result of the placing in her of an embryo/ sperm and eggs is to
be treated as the mother of the child.
o [identical to s27(1) Human Fertilisation and Embryology Act 1990]
- The Gestational Mother (Surrogate), NOT the Genetic Mother
- Re G (Residence: Same-sex partner) [2006] 1 FCR 436: recognised the special
bond between child and the gestational mother – disputed over the resident of the
child by a lesbian couple. One of the lesbians had the child. They both wanted the
child to live with them. Held that the child should reside with the non-genetic
parent. Lady Hale held that the court had lost sight of an important principle –
natural parent presumption.
o Natural Parent Presumption – is a common law principle, child is always
cared for better by their biological parents
- Re G (Children) [2014] EWCA Civ 336 – example of split motherhood: both
wanted a connection with the child, one of them donated the eggs and one carried
the child. The legal parent was the one who carried.
o Refusal to grant shared residence for twins raised by a separated lesbian
couple
o The lower court had attached insufficient weight to the genetic link
Woman who receives an adoption order or a parental order:
- If the child is adopted the birth mother will cease to be the legal mother.
Same-sex marriage/relationship – only 1 of the women can be recognised as the legal
mother, her partner can be recognised as a ‘second parent’ but not as a mother.
- S42(1) HFEA 2008 - the partner will be treated as a parent, unless it can be
shown she did not consent to the placing of the sperm or eggs into the mother.
- If the mother (W) and other woman (P) are not in a civil partnership or marriage,
the partner can become a parent if she meets the ‘agreed female parenthood
provisions’ – HFEA 2008, s44(1)
2
Index:
1. Parentage & Legal Parenthood
- Establishing Parentage and - Surrogacy
Parenthood - A right to know the truth of one’s
- Rebutting Presumption of genetic parentage
Paternity - Right to be a parent
- Assisted Reproduction - Same-sex couples and Parenthood
2. Parental Responsibility
3. Adoption
4. Children’s Rights
- Childhood
- Parental Rights
- The Welfare Principle
- Medical Treatment
- Corporal Punishment
5. Private Disputes Concerning Children – s8 Orders
- Child Arrangements Order - s1(3) CA 1989 Checklist of
- Special Issue Order Factors
- Prohibited Steps Order - Controversial Issues in Private
- Who can apply for s8 orders? Disputes
- Children’s Welfare in Private - Enforcement of Child
Disputes Proceedings Arrangements Orders Regarding
Contact with a Child
6. International Parental Child Abduction
- Lawful removal of children from - The position of unmarried fathers
the UK - Child Abduction Act 1984
- Permission to relocate - Factors - Hague Convention on Civil
emerging from the case law Aspects of International Child
- Temporary removal from the UK Abduction 1980
- Preventing removal of children - Art. 13 Exceptions
from the UK - Abduction and Non-convention
- Types of order countries
7. Child Protection Measures (Public Law Cases)
- The “Baby P” case - Care Orders
- The Webster case - Supervision order
- Public Authorities and Child - How does a court decide between
Protection a care and a supervision order?
- Human Rights Act 1998 - What happens after a supervision/
- Protection through State care order is made?
intervention under the Children - Challenging a decision made by
Act 1989 the LA
1
, Parentage and Legal Parenthood
What is the meaning of ‘parenthood’?
3 different notions that describe a relationship of a child and a carer:
1. Parentage: those genetically related – law can’t change this
2. Parenthood: parents in the eyes of the law – adoption
3. Parental responsibility: holders of rights and responsibilities attached to being a
parent (not necessarily a parent) – Can be exercised by someone who isn’t a parent
– EG: grandparents
Establishing Parentage and Parenthood
Who is a child’s mother?
Woman who gives birth:
- s33(1) Human Fertilisation and Embryology Act 2008: The woman who has
carried a child as a result of the placing in her of an embryo/ sperm and eggs is to
be treated as the mother of the child.
o [identical to s27(1) Human Fertilisation and Embryology Act 1990]
- The Gestational Mother (Surrogate), NOT the Genetic Mother
- Re G (Residence: Same-sex partner) [2006] 1 FCR 436: recognised the special
bond between child and the gestational mother – disputed over the resident of the
child by a lesbian couple. One of the lesbians had the child. They both wanted the
child to live with them. Held that the child should reside with the non-genetic
parent. Lady Hale held that the court had lost sight of an important principle –
natural parent presumption.
o Natural Parent Presumption – is a common law principle, child is always
cared for better by their biological parents
- Re G (Children) [2014] EWCA Civ 336 – example of split motherhood: both
wanted a connection with the child, one of them donated the eggs and one carried
the child. The legal parent was the one who carried.
o Refusal to grant shared residence for twins raised by a separated lesbian
couple
o The lower court had attached insufficient weight to the genetic link
Woman who receives an adoption order or a parental order:
- If the child is adopted the birth mother will cease to be the legal mother.
Same-sex marriage/relationship – only 1 of the women can be recognised as the legal
mother, her partner can be recognised as a ‘second parent’ but not as a mother.
- S42(1) HFEA 2008 - the partner will be treated as a parent, unless it can be
shown she did not consent to the placing of the sperm or eggs into the mother.
- If the mother (W) and other woman (P) are not in a civil partnership or marriage,
the partner can become a parent if she meets the ‘agreed female parenthood
provisions’ – HFEA 2008, s44(1)
2
