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Chapter 8 Resource bank
Legal parenthood and parental responsibility
Legislation
The key pieces of domestic English and Welsh legislation addressing these topics are the Children Act 1989 and the Human Fertilisation and Embryology Acts 1990 and 2008, although there are other Acts that are relevant, such as the Surrogacy Arrangements Act 1985, the Family Law Act 1986, and the Family Law Reform Act 1969. As with all legislation, we recommend that you avoid legislation.gov.uk, and instead refer to a subscription database such a Lexis or Westlaw. This will ensure that you are working with an up-to-date version.
Television and radio documentaries
You may have access to a resource called Box of Broadcasts via your college or university. This is provided by the British Universities and Colleges Film and Video Council and gives on demand access to many television and radio programmes going back years, for educational purposes. Some programmes also include transcripts. There are many documentaries available. These include:
Cutting Edge: Addicted to Surrogacy (More 4, 2010)
Unreported World: Mexico’s Baby Business (Channel 4, 2015)
One to One: Isabel Oakeshott and Surrogacy (BBC Radio 4, 2014)
The Report: Surrogacy (BBC Radio 4, 2014)
House of Surrogates (BBC4, 2013)
Panorama: Inside Britain’s Fertility Business (BBC News 24, 2016)
https://learningonscreen.ac.uk/ondemand
Julia Marsh, Historic Ruling Grants Custody to Trio Who Had Threesome’ New York Post, 10 March 2017
News article about three people who share ‘custody’ (in the US legal sense) of a child: the biological father, the biological mother, and the father’s wife.
https://nypost.com/2017/03/10/historic-ruling-grants-custody-to-dad-and-mom-and-mom/
Re G (Children) (Residence: Same-Sex Partner) [2006] UKHL 43
House of Lords case in a dispute between the children’s mother and her former same-sex partner. Discusses the nature of parenthood. Discusses whether there is a presumption in favour of a ‘natural’ parent. See footnote 4 of the chapter in your textbook for a list of excellent critiques of this contentious decision.
Human Fertilisation and Embryology Authority
The Regulator for fertility treatment and research and all clinics involved in this area. Licenses all clinics. Their website provides advice on surrogacy and other methods of assisted reproduction.
Mary Warnock, Report of the Committee of Inquiry into Human Fertilisation and Embryology (‘the Warnock Report’) (Cmd 9313, 1984)
Report considering the ethical and legal issues surrounding IVF, donations of sperm and eggs, and surrogacy, as well as the science of embryology, and what safeguards and policies should be applied. Influenced the Human Fertilisation and Embryology Act 1990.
Department of Health, Review of the Human Fertilisation and Embryology Act (Cm 6989, 2006)
Given advances in reproductive technology since the 1990 Act, and possible changes in public perception of fertilisation issues, the government undertook a review of the law and made proposals for change, some of which were embodied in the 2008 Act.
https://www.gov.uk/government/publications/review-of-the-human-fertilisation-and-embryology-act
In the matter of HFEA 2008 (Cases A, B, C, D, E, F, G and H Declaration of Parentage) [2015] EWHC 2602 (Fam)
First in a series of thirty-eight cases (so far) heard by Munby P in which fertility clinics had failed to obtain proper consents and thereby affected legal parenthood.
http://www.familylawweek.co.uk/site.aspx?i=ed147134
Re X and Y (Foreign Surrogacy) [2008] EWHC 3030
Key case involving the use of a Ukrainian surrogate who was paid. The court retrospectively authorised the payments.
http://www.familylawweek.co.uk/site.aspx?i=ed28706
Re Z (A Child: Human Fertilisation and Embryology Act: Parental Order) [2015] EWFC 73
A key case involving a single man who, under current law, cannot apply for a parental order. Munby P held that the current law discriminated against single people and thereby breached the Human Rights Act 1998. Subsequently, the government has drafted a remedial order.
House of Commons Library, Research Briefing: Children: Surrogacy, and Single People and Parental Orders (UK) (2018)
As always with House of Commons Library papers, a useful summary of the law, policy, and reform impetus.
https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8076
Surrogacy UK
An organisation which provides information on surrogacy to intended parents. Because of legal restrictions on surrogacy arrangements, it has to be very careful about what it does.
Kirsty Horsey, Surrogacy in the UK: Myth Busting and Reform: Report of the Surrogacy UK Working Group on Surrogacy Law Reform (Surrogacy UK, 2015)
Excellent overview of the nature of surrogacy in the UK including statistics, issues with the current law, and areas for reform.
https://www.familylaw.co.uk/system/froala_assets/documents/27/Surrogacy_in_the_UK_report.pdf