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Family Law Archive - 2016 - Page 8

Found 160 matches. Showing page 8 of 16.

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

Is Sharia Law being used to legitimise forced marriage? England and Wales launch an independent review

Home Secretary Theresa May has launched an independent review of Sharia Law as part of a Counter-Extremism Strategy. The review aims to investigate evidence of “misuse” of Islamic law to subjugate or discriminate against Muslim women. Sharia Law is the Islamic legal system that informs how Muslims lead all aspects of their lives.... Read More

Widow challenges French law against impregnating herself with a dead man’s sperm

Maria Gonzalez, a Spanish widow, has asked the French government to surrender her deceased husband’s sperm so that she may bear his child. However, it is illegal in France to use a dead man’s sperm for insemination. Gonzalez’s husband, Nicola Turri, had his sperm frozen in 2013 after he was diagnosed with cancer. His... Read More

Father spies on daughter during residence dispute

A father planted listening devices on his primary school-aged daughter’s clothing to record her conversations with a social worker as well as her day-to-day activities. The bugs were discovered during a residence dispute: the child lived with her father and his partner, but the father had been asked to decide whether she should move in... Read More

Parental order granted for same-sex couple despite surrogacy ban

Mrs Justice Theis, sitting in the Royal Courts of Justice earlier this year, granted a parental order to a same-sex couple in the UK, concerning a child ‘X’ born by a gestational surrogate in Nepal where commercial surrogacy is banned. The applicants, CH & NM, are civil partners who had a child, ‘Y,’ through... Read More

When can or should a child be deprived of liberty?

The question of whether a child should ever be deprived of his liberty for his own safety must always remain a deeply fraught one. It is highly instructive to follow the workings of the courts here, and to see how Human Rights legislation works with UK law to promote the best possible outcome for a vulnerable child. Sitting in the Family... Read More

Human rights breaches and the care system

Mrs Justice Theis, sitting at the Royal Courts of Justice last Friday, ordered Kent County Council to pay costs and £17,500 in damages to a fourteen-year-old girl (‘K’) after it took three years to assess her needs. The child, K, was placed into foster care in December 2011 under s.20 Children Act 1989 and with the mother’s consent. K had... Read More
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