2324famlg01ce01studentguide

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University of Law London Bloomsbury**We aren't endorsed by this school

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LAW EQUITY

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Law

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Jan 8, 2025

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e548e6dc041bfd045a00a7a2dc4049465cef3c63.docx1© The University of Law Limited FAMILY LAWLARGE GROUP 1Student GuideLegal Parenthood and Parental ResponsibilityContextThe area of law relating to children is both huge and complex. It covers numerous issues: Who has duties and obligations towards a child? What rights does a child have? How are disputes between parents about their children resolved? What happens when a child is subjected to abuse or neglect?In this Large Group you will begin your study of children law by looking at two key concepts which underpin all these issues: legal parenthood (also referred to as legal parentage) and parental responsibility. These concepts, taken together, determine who has rights, duties, obligations, responsibilities and authority in respect of a child.OutcomesBy the end of this Large Group you should be able to:1.Describe the distinction between legal parenthood and parental responsibility.2.Outline how the concepts of legal parenthood and parental responsibility apply to surrogacy. 1.Introduction to Family LawActivity 1Which of the following best defines ‘a family’? (a) Parents and their children, whether living together or not(b) Two or more people related by birth, marriage or adoption(c) The spouse and children of one person(d) Any group of people closely related by blood(e) Descendants of a common ancestor

e548e6dc041bfd045a00a7a2dc4049465cef3c63.docx1© The University of Law Limited Activity 2When does family life cease to be a matter of individual liberty?List some aspects of family life where you think it is legitimate for the State to make laws to interfere or to regulate. Matrimonial Causes Act 1973Children Act 1989Family Law Act 1996.Baroness Hale in Re G (Children) (Residence: Same-sex Partner)[2006] 2 FLR 629:“There are at least three ways in which a person may be or become a natural parent of a child, each of which may be a very significant factor in the child’s welfare, depending upon the circumstances of the case. The first is genetic parenthood: the provision of the gametes which produce the child….The second is gestational parenthood: the conceiving and bearing of the child. The third is social and psychological parenthood: the relationship which develops through the child demanding and the parent providing for the child’s needs….”2. Introduction to Unit 13. Legal Parenthood v Parental Responsibility4. Legal ParenthoodHuman Fertilisation and Embryology Act 2008Activity 3Which ONE of the following statements about legal parenthood is CORRECT?AA child can have three parents. BA child can have two mothers. CA child can have no parents. DA child can have no father.5. Parental ResponsibilityChildren Act 1989Definition:

e548e6dc041bfd045a00a7a2dc4049465cef3c63.docx1© The University of Law Limited s3(1) “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”. s2 Children Act 1989s4 Children Act 1989Parental Responsibility AgreementParental Responsibility OrderRegistrationMarriageActivity 4Anna and Clare, a same-sex married couple, jointly undertook assisted reproduction treatment at a licensed clinic in England. Using sperm donated to the clinic by Fred, Anna gave birth to a daughter, Mia. Explain who is/are Mia’s legal parent(s).Explain who has parental responsibility for Mia.6. SurrogacySurrogacy Arrangements Act 1985Activity 5Judi and Colleen are sisters. Colleen is not in a relationship, but she wishes to have a child. Following a miscarriage, Colleen was diagnosed with a medical condition which means that she is unable to carry a baby to full term. Judi and her husband, Nick, have four children. Judi agreed that she would act as a surrogate for Colleen. With Nick’s agreement, Judi undertook assisted reproduction treatment at a licensed clinic in England using Colleen’s egg and sperm anonymously donated to the clinic. As a result of the treatment, Judi gave birth to James.Who is/are James’ legal parent(s)? Who has parental responsibility for James?7. Conclusion