1. Who are the parents of the child?
2. The Human Fertilisation and Embryology Act 1990
3. Parental responsibility
1. Who are the parents of the child?
Reading:
ESSAY QUESTION
Who gets parental responsibility for a child? Should all parents automatically be given parental responsibility?
Answer guidelines
You will want to discuss the following issues:
- What is parental responsibility? It is far from clear what parental responsibility is and yet that is key if we are to decide who should get it.
- Is the law discriminatory? Note that the law draws a distinction between men and women and between married and unmarried fathers. Is this justifiable? (Note that the European Court of Human Rights in B v. UK (2000) rejected an argument that the UK law was discriminatory.) Also consider whether the child may have a better argument of being discriminated against on the ground of illegitimacy.
- Should not the person who knows the child best make decisions for the child? That I be the resident parent (the mother normally). Is there not, therefore, a case for ling that after separation the resident parent alone should have parental responsibility?
- What do you make of the fact that many unmarried fathers are unaware that they lack parental responsibility (see Pickford 1999)? Should the law match people’s expectations? Or does this research indicate that it does not really matter whether a person has parental responsibility or not.
Who is the mother of the child? Section 27 of the Human Fertilisation and Embryology Act 1990 makes it clear that it is the woman who gives birth who is the child's mother. This is so even if she is carrying an embryo using a donated egg. This also means that in a case of surrogacy the woman who gives birth is the mother.