Defining Parents

Question 1

R v HFEA ex parte Blood 1997

Answer 1

law and morality - medical treatment for a woman and a man together could not occur after the man had died

Question 2

S v S 1972

Answer 2

a test set out - whether to make a direction for a fatherhood test is not to order it when it’s in the best interests of the child, but rather only to refuse it where it would be against the child’s best interests to do so

Question 3

Re H (A Minor) (PR) 1998

Answer 3

a test established for applications under s4(1): degree of commitment, degree of attachment, reasons for applying for the order

Question 4

Re H and A (Children) (Paternity: Blood Tests) 2002

Answer 4

couple married, affair, the right to know one’s parentage and identity is a fundamental part of private life

Question 5

Leeds Teaching Hospital v A 2003

Answer 5

donor the biological and legal father

Question 6

D v L (Surrogacy) 2012

Answer 6

PO in surrogacy, permission to pay more as children’s welfare

Question 7

Re A (A Child: Joint Residence) (PR) 2008

Answer 7

a relationship recognised without any biological connection between a father and a child

Question 8

Re G (Children) 2006

Answer 8

CW/CG dispute, welfare principle emphasised, Lady Hale: genetic parent not automatically better than non-genetic, social and psychological parenthood

Question 9

Re G (Children) 2014

Answer 9

try to work things out yourself basically

Question 10

Re G (A Minor), Re Z (A Minor) 2013

Answer 10

the aim of the lesbian sections in HFEA is to make them real families, therefore donors not parents

parliaments emphasis put on alternative families

Question 11

H v S (Surrogacy Agreement) 2015

Answer 11

a gay couple had a surrogacy agreement with their friend, but the mother wanted to keep the baby; court put it with the couple because she was treating it badly; still surrogacy agreements not enforceable in English law

Question 12

M v F and H 2013

Answer 12

sexual intercourse between the mother and the donor, he held to be the legal parent

Question 13

Re D (Paternity) 2006

Answer 13

the child who lied with grandma refused to have a DNA test, the court ordered taking samples without any time limit, knowing the father in the child’s long term interest

Question 14

T v B 2010

Answer 14

the word parent in Schedule 1 means legal parent, not psychological parent as in Re G

Question 15

Re S (PR) 1995

Answer 15

M and F unmarried, separated, F sought PR, M opposed as he was convicted for having paedophilic lit, he got PR because he had shown sufficient commitment, it’s a way of showing the child that someone cares about it

Question 16

M v M (PR) 1999

Answer 16

F with severe brain damage, prone to violent outbursts, applied for PR, didn’t get it because certain responsibilities and duties associated with it still