Category: Parenting Law - Page 9

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19
Jul
2022

Declaration of parentage: the importance of identity, status and birth certificates

In X v Y [2022] EWFC 77, the applicant applied to the English Family Court for a declaration of parentage following a 35-year search for her biological father to resolve issues relating to her identity and her birth certificate. In granting the application, the court navigated complex legal issues and drew inferences from the respondent’s refusal to undergo DNA testing and lack of opposition to the application. As such, X v Y [2022] EWFC 77 brings into close focus the importance of identity, status and parentage and the re-registration of birth certificates to provide properly maintained records not just for the benefit of individuals but for the public as well.

28
Jun
2022

US Supreme Court overturns Roe v Wade: what does this mean for reproductive rights and freedoms?

On Friday 24 June 2022, the US Supreme Court delivered its retrograde decision in the case of Dobbs v Jackson Women’s Health, overturning the 50-year-old precedent (Roe v Wade 1973) which established abortion rights in the US. This decision matters because it marks a serious step backwards for rights to choose pregnancy and motherhood and bodily autonomy for millions of US women. This legal ruling also matters from a wider reproductive, medical, scientific, economic, health and social care perspective. It creates uncertainty about the future of assisted reproductive technologies (‘ART’) including fertility preservation, IVF and surrogacy in some US states.

15
Jun
2022

DNA testing, parentage disputes and the law

DNA testing can create unexpected issues and outcomes that have a far wider impact on people’s lives than they ever imagined. They can include unforeseen discoveries about conception, maternity and paternity, unknown siblings and relatives. They can also uncover family secrets and stories of loss and infidelity, as well as IVF mix-ups, fertility fraud, donor conception and adoption that can upend the lives of individuals and families. In turn, these discoveries can result in complex legal disputes about parentage, birth certificates, contact and upbringing of a child, child maintenance and inheritance, negligence as well as evolving issues about the use of personal genetic information. Given the rapidly evolving landscape associated with DNA testing, it is important to obtain specialist legal advice to identify, manage and resolve the complex and far-reaching legal and practical issues and outcomes.

08
Jun
2022

Declaration of parentage: confirming family ancestry and biological parentage following adoption

The recent family law case of Ms L; Ms M (Declaration of Parentage) [2022] EWFC 38 determined fundamental questions about ‘who is my parent?’. The legal proceedings concerned applications by two women who had been adopted as babies and whether decades later they could obtain declarations of parentage to resolve their family ancestry, confirm the identities of their biological fathers and rectify their original birth certificates to add the name of their birth father. In making these applications, the two women gave compelling evidence about the importance of obtaining declarations of parentage notwithstanding being adopted to resolve their personal identities and lineage, aid their long-term psychological welfare and acquire dual citizenship.

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