What are some problems with distinguishing who is a parent?
A rise in divorce and remarriage has meant a rise in blended families which has a knock on effect on classifying who looks after the children, the law distinguishes between a parent and parental responsibility
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Who is the mother of a child?
The mother of a child is always the woman who gives birth, this is the case even in surrogacy
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What section of what Act states that the mother is always the woman who gave birth even in cases of surrogacy?
S33(1) of the Human Fertilisation and Embryology Act 2008
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What must a man wishing to prove that he is the father of a child show?
1. He is the genetic father. 2. One of the presumptions of paternity apply and they have not been rebutted. 3. He is the father of one statutory provision. 4. That an adoption or parental order has been made in favour
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What are the legal presumptions of fatherhood?
1. The man married to the mother at the time of the child's birth. 2. The man named on the birth certificate. 3. The man living with the mother at the time of conception.
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What are two case examples on the children having a right to know their genetic origins?
Re T and Re H: concerned whether a child had the right to know their genetic origins, it was held that they ddid
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What are the 3 elements of parenthood identified by Baroness Hale?
What section / statute governs what parental responsibility means?
S3(1) of the Children Act 1989
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What does S3(1) of the Children Act state about what PR means?
It means all of the duties, powers, responsibilities, rights and authority which by law a parent has in relation to the child
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What does the Children Act 1989 stress?
That children are not possessions to be controlled but instead are people to be cared for
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Is there a definition of parental responsibility?
No, the law commission are reluctant to define it as the concept is too wide ranging
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What are some of the things that parental responsibility covers?
The right to choose the Child's: religion, name, medical treatment consent, dietary requirements, where the child should live, marriage consent/disconsent
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What are some case examples of fathers applying for a parental order if it is not automatically given?
A v A (imprisoned for serious offences was allowed PR even though was severely limited)
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What case demonstrates the court's reluctance to award a parental order if it would be meaningless?
Re L
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What is a case example of the court overriding a parental decision?
Re B (Down syndrome, life or death decision)
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Other cards in this set
Card 2
Front
Who is the mother of a child?
Back
The mother of a child is always the woman who gives birth, this is the case even in surrogacy
Card 3
Front
What section of what Act states that the mother is always the woman who gave birth even in cases of surrogacy?
Back
Card 4
Front
What must a man wishing to prove that he is the father of a child show?
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