Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
Disabled women more than twice as likely to experience domestic abuse
The latest data from the Office of National Statistics shows that, in the year ending March 2020, around 1 in 7 (14.3%) disabled people aged 16 to 59 years experienced any form of domestic abuse in...
The President of the Family Division endorses Public Law Working Group report
The Courts and Tribunals Judiciary has published a message from the President of the Family Division, Sir Andrew McFarlane, in which the President endorses the publication of the President’s...
HMCTS updates online divorce services guidance
HM Courts and Tribunals Service have recently updated the online divorce services guidance with the addition of guides for deemed and dispensed service applications, alternative service...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
The suspension, during lockdown, of prison visits for children: was it lawful?
Jake Richards, 9 Gough ChambersThis article argues that the suspension on prison visits during this period and the deficiency of measures to mitigate the impact of this on family life and to protect...
View all articles

Lesbian Mothers in Dispute: T v B - Family Law journal

Sep 29, 2018, 17:36 PM
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Nov 4, 2010, 12:02 PM
Article ID : 92739

NATALIE GAMBLE and LOUISA GHEVAERT, Partners, Gamble and Ghevaert LLP

Mr Justice Moylan's decision in T v B (Parental Responsibility: Financial Provision) [2010] EWHC 144 (Fam), [2010] 2 FLR (forthcoming) is the latest of only a handful of published cases to deal with same sex parenting disputes and the impact of assisted reproduction law. The case vividly highlights how the principle of parenthood, traditionally a comfortable and familiar concept to family lawyers related to biology (which is therefore a question of fact rather than law), becomes much more complex in relation to families created through assisted reproduction or in alternative family structures.

Assisted reproduction law can (but does not always) override biology to confer parenthood on a non-genetic parent from birth. Parliament has overhauled assisted reproduction law significantly (and non-retrospectively) three times in the last 25 years, with the latest changes which came into effect last year enabling lesbian couples to be named on a birth certificate together for the first time. For assisted reproduction families, whether a person is treated as a legal parent (and so is financially responsible for a child) therefore depends on many different considerations, including marital status, the date of conception and the law in force at the time, whether they conceived at a licensed clinic in the UK, outside the UK or by private arrangement at home, whether they are in a same sex or heterosexual relationship, whether they have taken steps post-birth to adopt and whether they have subsequently married or entered into a civil partnership.

To read the rest of this article, see November [2010] Family Law journal (link for online subscribers who have logged in). To log on to Family Law journal Online or to request a free trial click here.


Family Law

Family Law is the leading practitioner journal, ensuring all family law professionals keep up with the latest developments and their impact on practice. Each issue contains the latest news of legislative change, authoritative case reports, invaluable articles and news items written and compiled by experts for the practising family law professional.

Categories :
  • Articles
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from