Straightforward Guide To Family Law, A (revised Edition) by Bryan David

Author:Bryan, David [Bryan, David]
Language: eng
Format: epub
Publisher: Straightforward Publishing
Published: 2015-01-25T00:00:00+00:00

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Ch.9

Children And Adults

Parents Rights and obligations

Definition of a parent

The actual legal definition of a parent has been the subject of debate over the years. Whether the parent is a biological parent or psychological parent.

Biological parents

The law has traditionally approached the question of parentage by considering the biological link between adult and child as preferable. The law will rarely interfere with the authority of the biological parent, unless some other arrangement is preferable. In Re KD (a minor) (Ward: termination of access) 1988, Lord Templeman stated:

‘The best person to bring up a child is the natural parent. It matters not whether the parent is wise or foolish, rich or poor, educated or illiterate, providing the child’s moral and physical health is not endangered’.

There are two exceptions to this presumption: where the child is adopted (Adoption Act 1976 s39) and secondly where reproduction and childbirth follows on from sperm or egg donation (Human Fertilisation and Embryology Act 1990 s27-28). Adoption will terminate the legal (parental) responsibility of natural parents towards the child and also extinguishes any rights a parent may have over a child. Where a person donates genetic material (eggs, sperm, embryos) he relinquishes any rights o biological parentage in relation to any child that may be born as a result.

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