Assisted Conception
- Created by: jadetaylorv
- Created on: 05-12-19 16:30
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- Assisted Conception
- Who's is the mother?
- S33 2008 - the woman who gives birth is the legal mother
- S27 1990 Act - birth mother
- Who is the father?
- S35 -
the natural father will be the man married to the woman undertaking IVF procedure and has consented to the woman be impregnated by donor sperm - wether the procedure takes placed in a licensed clinic or not
- genetic link is irrelevant
- Re CH (Contact Parentage) 1996
- genetic link is irrelevant
- Common law presumption
- Re H & A [2002]
- S37 - a man will be treated as the father if the 'agreed fatherhood conditions' are met
- 1) the woman consents
- 2) the man consents
- 1) the woman consents
- pre 2008 - s28 HFEA 1990
- Leeds Teaching Hospitals NHS Trust v A 2003
- issues of consent - 28(6)
- Leeds Teaching Hospitals NHS Trust v A 2003
- S36 - unmarried - must take place in licensed clinic
- S37 - a man will be treated as the father if the 'agreed fatherhood conditions' are met
- 1) the woman consents
- 2) the man consents
- 1) the woman consents
- S37 - a man will be treated as the father if the 'agreed fatherhood conditions' are met
- S35 -
the natural father will be the man married to the woman undertaking IVF procedure and has consented to the woman be impregnated by donor sperm - wether the procedure takes placed in a licensed clinic or not
- Position of sperm donor
- S41 - a male who consents to the use of his sperm for treatment will not be the legal father
- S38(1) - if the father is to be treated as the legal father then no other person can be treated as the legal father
- Egg donor
- S47 - if you have donated your egg you are the genetic mother - the woman will not be treated as the mother of the child
- A couple in a civil partnership
- 2008 act allows same sex couples to go undertake artificial insemination wether by way of DIY process or IVF in a licensed clinic
- S42 - there is no legal father but a legal second parent
- S14(2) the need for a father replaced by need for supportive second parent
- Same sex relationship
- S43 & 44 - same sex partner
- Cases
- fragmentation of parenthood
- Re G 2006
- S43 & 44 - same sex partner
- S42 - there is no legal father but a legal second parent
- S14(2) the need for a father replaced by need for supportive second parent
- Re G 2006
-
A v B & C (Contact: Alternative Families [2012]
- Re G (A Minor); Re Z (A Minor) [2013] EWCH 134 (Fam)
- fragmentation of parenthood
- Who's is the mother?
- Leeds Teaching Hospitals NHS Trust v A 2003
- issues of consent - 28(6)
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