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Children and Same Sex Families: A Legal Handbook
Author(s) :
Hon Mr Justice Hayden
,
Marisa Allman
,
Sarah Greenan
,
Elina Nhinda-Latvio
,
Her Honour Judge Jai Penna
Publisher:
Family Law
This portable single volume handbook brings together the up-to-date statutory and jurisprudential position in family law appertaining to same sex couples, with an emphasis on children (where the law is at its most complex).
Published: 31 March, 2012
Why should you buy Children and Same Sex Families: A Legal Handbook
This portable single volume handbook brings together the up-to-date statutory and jurisprudential position in family law appertaining to same sex couples, with an emphasis on children (where the law is at its most complex). The text clarifies the effect of the law of England and Wales as it relates to people with or wanting children who are in same sex relationships, in particular giving guidance as to complex issues such as:
- gender and what constitutes a same sex relationship
- same sex relationships for the international family
- the effect on parentage of the timing, location and manner of a child's conception
- issues of legality, illegality and status surrounding surrogacy and adoption
- the family and financial consequences of the breakdown of same sex relationships and co parent relationships
- the law relating to property ownership and succession for couples in a same sex relationship
- the changes to the law in the HFEA 2008 which allow two people of the same sex to be the child's legal parents
Children and Same Sex Families: A Legal Handbook assists families, individuals and professionals in giving advice and making choices and arrangements to achieve the best outcome for that family. It is an invaluable guide to this rapidly evolving area of law written for all family lawyers and related professionals (eg charities; local authorities; healthcare trusts; adoption agencies; benefits agencies).
"clarifies the law as it relates to those either in, or wanting to be in, a same sex relationsip and who have, or want to have children.... this carefully footnoted book also provides extensive research resources, inculding tables of cases, statutes and statutory instruments, plus detailed index.... The up-to-date statutory and jurisprudential position in family law pertaining to same sex couples is carefully elucidated, which means the book is extremely useful not merely to legal practitioners but to professionals in local authorites, adoption and benefits agencies and healthcare trusts..." Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Children and Relationships
1. Parenthood (Marisa Allman)
What do we mean by parent?
Biological or genetic parenthood
Applications for declarations as to parentage
Legal parentage: mother father or parent?
Child of the family
Acquiring legal parenthood
Tracing legal parenthood
2. Parental Responsibility (Marisa Allman)
Defining parental responsibility
Who has parental responsibility
Acquiring parental responsibility by agreement or order
3. Surrogacy (Marisa Allman)
What is surrogacy
Commercial surrogacy
What are the routes to a commissioning parent becoming the child's carer following surrogacy?
Making the application for a parental order
Adoption
Guardianship
International surrogacy
4. Private Law Applications
Scope
Historical background
The welfare principle
The welfare checklist
Parental responsibilit
Section 8 orders
Parties to private law proceedings
5. Same Sex Adoption
What is the function of the adoption panel?
The constitution of the panel
How does the adoption panel work in practice?
6. Gender Recognition (Elina Latvio)
Meaning of 'same sex relationship' and gender recognition
Gender recognition background
What is 'gender recognition'?
Registration
Parenthood
Social security benefits, pensions and tax issues
Proposals for change
7. Personal Protection (Marisa Allman)
The Family Law Act 1996 188
Regulation of the home 190
Non-molestation orders 197
Forced marriage 199
Protection from Harassment Act 1997
Financial Provision and Children
8. Civil Partnership (Marisa Allman)
Formation and recognition of civil partnerships
Registering as civil partners: procedure in England and Wales
Recognition of overseas relationships
Recognition overseas of English civil partnership
Declarations as to civil partnership status
Civil partnership: valid, void, voidable?
Breakdown of a civil partnership
9. Financial Provision on Breakdown of Civil Partnership (Sarah Greenan)
Overview
Financial provision on dissolution for civil partners Schedule 5
The general approach to applications for provision for civil partners
Procedure
Consent orders
Financial relief in the magistrates courts
Alternatives to court
Financial relief after overseas dissolution
10. Financial Provision on Breakdown of Cohabiting Relationships (Sarah Greenan)
Introduction
The family home: occupation
The family home: ownership
The family home: the legal framework
The family home: rented property
Other property
Provision for children on relationship breakdown
11. Succession (Sarah Greenan)
Introduction
Property which does not pass by will
Inheritance under a will
Gifts by will to children
Intestate succession
Succession to tenancies
Inheritance and family provision
12. Welfare Benefits (Elina Latvio)
Introduction
Background
Relevant legislation
The Llving together test
Gender recognition and implications for welfare benefits
Other benefits issues relating to same sex couples
Summary
Appendix
Flowcharts Tracing Legal and Genetic Parentage
Forms
Material Relating to Gender Recognition
Statutory Materials
Useful Contacts