Parentage and Adoption
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- Created by: Khalifaj
- Created on: 05-06-17 14:49
What is the definition for a surrogate mother as stated in Re P (Minors) (Wardship) [1987]?
A surrogate mother is "a woman who bears and carries a child at the behest of another with a view to that other person subsequently assuming the parental role"
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What case did Rose-Marie Drury discuss in her article; 'legal parentage - a changing' landscape' 2016
Re X (A Child) (Surrogacy: time limit) [2014]
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What did Lord Meston state in the Hansard Debate 1985
"a child should not be the product of a commercial transaction"
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What do commissioning parents need on order to attain parental responsibility for a child?
apply for a parental order
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What Report stated: "Surrogacy is the practice whereby one woman carries a child for another with the intention that the child should be handed over at birth"?
The Warnock Report 1984
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What author and article regard commercial surrogacy as sexual exploitation and as paid slavery?
Gary Lillienthal 'Policy considerations for the legality of surrogacy' 2015
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What was stated in the case of D McG v Neath Talbot County Borough Council [2010]?
a placement for an adoption order should only be undertaken when all avenues towards rehabilitation have reasonably been explored.
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What report stated : adoption involves "the compleate severance of the legal relationship between parents and child and the establishment of a new one between the child and the adoptive parent?
The Houghton Committee's report 1972
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What convention highlights the importance of adoption providing the child with a stable and harmonious home?
The Eurpopean Convention on the Adoption of Children (revised) 2008
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What case emphasises that adoption should be the last resort?
Re B-S (children) [2013]
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What section in what act abolished the requirement of matching in adoption?
s3 Children and Families Act 2014
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What section now makes surrogacy agreements unenforceable?
s1A Surrogacy Arrangements Act 1985
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What section state that surrogacy cannot be carried out for commercial purposes?
s2 Surrogacy Arrangements act 1985
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What section states that the legal mother is the surrogate?
s33 Human Fertilisation and Embryology Act 2008
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What section states that the husband of the surrogate father will be regarded as the father of the child, if he consented?
s35 Human Fertilisation and Embryology Act 2008
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What issue did Re Z (A Child) (No2) [2016] consider?
That a single parent could not apply for a s54 HFEA 2008 parental order. This was considered to be incompatible with the ECHR.
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What section state single people can adopt?
s51 Adoption and Children Act 2002
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What do s50 Adoption and Children Act 2002 state?
that a couple can adopt a child
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Under what section can the threshold criteria regarding how satisfied a court must be in order to make an adoption order be found?
s31 Children Act 1989
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What is a couple defined as in s144(4) Adoption and Children Act 2002?
either a married couple, a civil partnership or two people in an enduring relationship
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When can valid consent be given in adoption?
6 weeks after the birth
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Re R Adoption) [1967] concerned a case where consent was dispensed with where the person.....?
could not be found or lacked capacity
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Watson v Nicholaisen [1955] concerned a case where consent was dispensed with where the person....?
neglected or abandoned the child
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What happened in Re W [1971]?
Consent was dispensed with where it was withheld unreasonably
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What is the main theme with s52 Adoption and Children Act 2002?
to ensure that the domestic law is in line with human rights
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Who stated; "as a result of the recent referendum this change in law may take some time?" And in what context did the author make this statement?
Rose-Marie Drury. When she considererd the ruling in Re Z (A Child) (No2) [2016]
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What section states that the commissioning parents must apply within 6 months after the birth of the child?
s.54(3) HFEA 2008
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In what case did Munby LJ allow an application after 13 month on the basis that it could not have been Parliaments intention "for the doors to close forever after 6 months"?
Re X (A Child) (surrogacy: time limit) [2014]
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What case considered the test for reasonable expenses?
Re X and another [2008]
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What section state that the commissioning parents need the surrogate mothers consent when making a parental order?
s54(6) HFEA 2008
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In what case were the commissioning parents unsuccessful in attaining a s.8 order for the child of a surrogate mother?
A v C [1985]
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In what section can the welfare checklist regarding adoption be found?
s1(4) Adoption and Children Act 2002
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What is the difference between the welfare checklist in s1(3) CA 1989 and the one in s1(2) Adoption and Children Act 2002?
the paramount consideration is the welfare of the child throughout his/her life
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What section state that any delay in reaching a decision regarding adoption cases is likely to prejudice the child's welfare?
s1(3) Adoption and Children Act 2002
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What cases stated that the UK law is compatible with human rights under the ECHR regarding adoptions ?
Re P (Placement orders: parental consent) [2008]
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YC v UK supported the case of?
Re P (Placement orders: parental consent) [2008]
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Re N [2016] held that....?
the UK courts even had jurisdictional power in relation to adoption of children from foreign countries because the child had habitual residence in the UK.
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What case stated that an adoption order cannot be set aside unless there are highly exceptional circumstances?
Re B (Adoption: Setting Aside) [1995]
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The Family Law Protocol (4th edn) state that....?
all transplant adoptions, where all ties are severed, must be done through an adoption agency in order to be legal
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Other cards in this set
Card 2
Front
What case did Rose-Marie Drury discuss in her article; 'legal parentage - a changing' landscape' 2016
Back
Re X (A Child) (Surrogacy: time limit) [2014]
Card 3
Front
What did Lord Meston state in the Hansard Debate 1985
Back
Card 4
Front
What do commissioning parents need on order to attain parental responsibility for a child?
Back
Card 5
Front
What Report stated: "Surrogacy is the practice whereby one woman carries a child for another with the intention that the child should be handed over at birth"?
Back
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