Chapter 8 Self-test questions

. Which of the following statements in relation to parenthood is most accurate?

. Not all legal parents automatically have parental responsibility. True or false?

. The woman who gives birth to a child is always the legal mother at birth. True or false?

. If a man donates sperm outside of a licenced clinic, will he be the child's legal father?

. When a mother has donor insemination in a licensed clinic, if a mistake is made on the consent forms, the only route to legal parenthood for her partner is via adoption. True or false?

. Which of the following statements in relation to same-sex parents is correct?

. What is the significance of s.12 of the Gender Recognition Act 2004?

. Why is important that births are registered? Choose all that apply.

. Which of the following statements correctly set out the rules and duties in relation to birth registrations, according to the Birth Registration Act 1953? Choose all that apply.

. What is the pater estpresumption?

. Of the following statements, which type of order can be made under s.21 of the Family Law Reform Act 1969?

. In disputed paternity cases, it is usually considered to be in a child's best interests to know the truth about genetic parentage. True or false?

. A surrogacy arrangement is not enforceable in the UK. True or false?

. Which of the following activities is unlawful? Choose all that apply.

. How did the case of Re Z (A Child: Human Fertilisation and Embryology Act: Parental Order [2015] EWFC 73 lead to a change in the law?

. A person can have homes in more than one country and can therefore have more than one domicile. True or false?

. Which of the following statements is correct in relation to the requirement that a parental order is made within six months of the child's birth? Choose all that apply.

. Which of the following statements is correct as a result of Re H (A Child) (Surrogacy Breakdown) [2017] EWCA Civ 1798?

. Although commercial payments for surrogacy are unlawful, reasonable expenses can be paid to a surrogate and these are authorised when the parental order is made. True or false?

. Why might many people entering into surrogacy arrangements be unaware of the law until it is too late? Choose all that apply.

. What are the risks associated with international surrogacy? Choose all that apply.

. Research has shown that children born through surrogacy arrangements suffer adverse effects on their well-being as they grow up. True or false?

. In a 2019 report, what did The Law Commission propose to introduce?

. Why was the 1925 Guardianship of Infants Act so important?

. Section 3(1) Children Act 1989 does not set out the rights and responsibilities of a parent with parental responsibility. True or false?

. Which of the following people automatically have parental responsibility when a child is born?

. An unmarried father can acquire parental responsibility in a number of ways. Which of the following is not a route to parental responsibility for unmarried fathers?

. Only parents can have parental responsibility. True or false?

. Parents can surrender or transfer parental responsibility if they are unable to care for a child.

. If a child has an accident whilst in the care of someone without parental responsibility, what does s.3(5) Children Act 1989 allow?

. Why is the decision in Re J (Specific Issue Orders: Child's Religious Upbringing and Circumcision)[2000] 1 FLR 571 significant?

. Fathers lose parental responsibility if they get divorced from the mother. True or false?

. When deciding whether to terminate parental responsibility, which of the following factors is relevant? Choose all that apply.

. How can an order under s.91(14) restrict parental responsibility?

. Sam and Tania have been married for 10 years. They have a daughter, Ursula who is 5 years old. Around the time that Ursula was conceived, Tania had a brief affair with a colleague, Vitali. When she discovered she was pregnant she ended the affair and arranged with her company to be transferred to an office in a different city. She never told Vitali about the baby. Tania earned considerably more than Sam, so he gave up work to look after Ursula when she was a baby and now only works two mornings a week. He and Ursula are very close. Vitali has recently been working in the same building as Tania again and has seen a picture of Ursula in her office. He says that she is the spitting image of his sister at that age and believes that Ursula must be his daughter. He is demanding a DNA test, but Tania believes this will destroy Sam so has refused. Which of the following statements is most accurate in setting out the legal position?

. Will and Xavier are civil partners. They have decided to have a child and after lengthy consideration they decided to enter into an informal surrogacy agreement with Will's sister, Zyanne. A baby girl, Amara, has been born following a DIY insemination using Xavier's sperm. Before the baby was born, they all agreed that Zyanne would live with Will and Xavier for three months so that she could breast feed Amara to give her the best start in life, but that at the end of the three months she would move out and not play any parental role in the baby's life. Amara is now 3 months old and Zyanne has said that she cannot bear to give her up. She has said that she would like to co-parent with Will and Xavier and that they can all be equal parents. Will and Xavier are devastated. They want to apply for a parental order and for Zyanne to stick to the original agreement. They don't believe that co-parenting will work and worry that Zyanne will not allow them to play a full role in Amara's life. She has said more than once that she does not think that two fathers is the best upbringing for a girl. What are the legal options available to Will and Xavier?

. Tariq agrees to donate sperm to his friend Sasha and her civil partner Rayla. They attend a clinic licenced by the HFEA and all the relevant consent forms are signed. Sasha gives birth to a baby boy, Noah. Who are Noah's parents?

. Bunmi has a son, Damiola, who is siz years old. She is not married to Damiola's father, Charles, and he has had little involvement in Damiola's life. He does pay maintenance and comes to visit three or four times a year. Charles is not named on Damiola's birth certificate as he was away travelling when Damiola was born. Charles recently turned up for a visit unannounced and was very critical of the way that Bunmi was bringing up Damiola. He said that she was too strict and that Damiola needed to be allowed more freedom and fun. He was also very critical of the fact that she did not allow Damiola access to computer games or to have his own phone. Following the visit, he made an application to court for a parental responsibility order. Bunmi is very opposed to him having parental responsibility as she thinks that he will use it to criticise and undermine her parenting. She is also worried that he could take Damiola abroad as he travels a lot for work and most of his family live in Australia. Charles has often talked of emigrating. How likely is it that Charles will succeed in his application?

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