lecture 3-PARENT-CHILD RELATIONSHIPS: PARENTAGE. BEST INTEREST OF THE CHILD

Question 1

Why is birth registration of children important?

Answer 1

Without a birthcertificate children are unable to prove their age, which makes them vulnerable, and impossible (sometimes) to enter school or get vaccinated.

Question 2

What are the 3 ways to establish fatherhood?

Answer 2

1. ‘Pater est’ presumption
2. voluntary recognition
3. Judicial /administrative decision- the establishment of paternity by court order

Question 3

What is the ‘Pater Est’ presumption?

Answer 3

It is the presumption that the father of a child, is the man the biological mother is married to at the time of the child birth.
-the pater est presumption can be rebuttted ..

Question 4

What is voluntary recognition?

Answer 4

A man who considers himself to be the father of a child and would like to obtain parental legal status
is given the opportunity to do so (if the child’s mother agrees).
not possible when another man already has legal parentage of the child.

Question 5

What is establishment of legal paternity through judicial or administrive action?

Answer 5

-When there is a dispute
-when there is no pater est presumption, or voluntary recognition.

Question 6

What type of regulations of surrogacy are there in different jurisdictions?

Answer 6

• Strict- surrogacy is forbidden by law (germany, spain, italy) surrogacy contracts are deemed void
  -permissive- some states only allow altruistic surrogacy, some also commercial surrgacy
  -unregulated- no regulations about surrogacy

Question 7

What is altruistic surrogacy?

Answer 7

surrogate does not receive
compensation for her services
beyond reimbursement for medical
costs.

Question 8

What is commercial surrogacy?

Answer 8

Commercial surrogacy - the surrogate is fairly compensated forher time and energy, the sacrifices she makes and the many physical and emotional challenges she faces throughout the surrogacy process.

Question 9

What are the 3 approaches to establish legal parenthood when surrogacy was used to conceive child?

Answer 9

Genetics test– The parents are determined based on
genetic connection
intent test -the parents are determined based on the intentions in surrogacy agreement
gestational test - the parents are determined based on who birthed the child

Question 10

How is motherhood established?

Answer 10

The birth mother is the child’s legal mother.
mother is always certain because- act is witnessed.

Question 11

What is the difference between biological and genetical motherhood?

Answer 11

biological motherhood- woman who gave birth to child
Genetic motherhood -in cases of surrogacy, the gestational motherand the genetic mothermay not be the same, and legal maternity may need to be determined through legal processes