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Family Law Archive - June 2016 - Page 2

Found 21 matches. Showing page 2 of 3.

IVF clinic admin blunders result in lack of legal parent status

The judgments of Sir James Munby, President of the Family division, in Case N and Case J were read in open court last week, granting a declaration of parentage and parental rights. This comes after IVF clinics failed to check that all forms were filled in correctly prior to the births, which would ensure that the partner of the woman undergoing... Read More

Reviews of children’s social care and surrogacy laws proposed by Law Commission

The Law Commission has identified the practice areas of English law that their “experience and discussion with stakeholders suggest may require reform”. In addition to publishing their proposal, the Commission is inviting members of the public to contribute their opinions regarding the findings -specifically, what they think should be included... Read More

Portugal struggles for surrogacy rights

Portugal’s president, Marcelo Rebelo de Sousa, vetoed a law on Tuesday authorising surrogacy for couples who cannot otherwise conceive. The legislation had supporters from the left and right, originally passing by a slim majority in May. The president’s office stated that the law did “not conform to the conditions set out... Read More

Father loses appeal against returning son to ‘abductor’ mother

The Court of Appeal, at the end of May, dismissed a father’s appeal against an order that his 3-year-old son be returned to live with his mother who had previously "abducted" the child to Malta for a year. The parents’ relationship broke down in 2013, not long after the birth of their child ‘S’. In August... Read More

Litigants in person lose parental rights

Sitting in Peterborough Family Court last month, Judge Greene ruled that an 8 month-old girl ‘Z’ be permanently removed from her parents and put up for adoption, after Cambridgeshire County Council expressed concerns as to the parents’ ability to care for her needs. Proceedings were brought by the local authority shortly... Read More

No breach of human rights in excluding father from his daughter’s life, ECHR rules

The European Court of Human Rights determined earlier this year that the Court of Appeal in Germany was right to exclude the applicant father Mr Buchleither from his daughter’s life indefinitely. The child in question was born in June 2003, and the parents separated shortly after her birth, with the mother retaining sole parental... Read More

Don’t show me the money: what motivates altruistic surrogates?

In many nations including the UK and Australia, surrogates cannot be compensated beyond the expenses relating to the pregnancy, and it is illegal to advertise for surrogates. Women who volunteer to carry another’s child without any financial compensation are known as altruistic surrogates. What prompts this altruism? Surrogacy can be a... Read More

Child to be returned to France following wrongful removal, UK judge rules

Sitting at the Royal Courts of Justice last week, Mr Justice Cobb ruled that a 13 year-old girl should be returned to France to live with her father, as her stay in England with her mother was unlawful. The parents in this case were married in England in 1996, where they lived until 2007, when the child ‘S’ was 4 years old, and... Read More

Yamato Tanooka and Japan’s complicated history with child abandonment

Last weekend, seven-year-old Yamato Tanooka was reported missing. His parents initially claimed that he had disappeared while they were foraging for edible plants, but later admitted that they had left him by the roadside as punishment for throwing stones at people and cars. When they returned five minutes later, Yamato was nowhere to be found.... Read More

Single people must have equal rights to surrogacy, High Court rules

Single people seeking to have children through surrogacy are suffering unjust discrimination, the Family Division of the High Court has ruled. Until now, single British parents going through the surrogacy process were unable to apply for parental orders. The High Court heard the case of a single man from the UK who used a third party egg... Read More
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