Marriage and cohabitation Children and parents Family law Marriage and cohabitation Children and parents

Family Courts The Family Court The Family Division of the High Court In England and Wales, the Family Court deals with most family proceedings including: Family court cases can be heard by magistrates, or by judges. judges who can also sit in the County Court, or by High Court judges. FD of HC now has quite limited jurisdiction. Children who are “wards of court” (child involved in legal proceedings, court consent is needed for important decisions) Cases of international child abduction Some other issues such as forced marriage. Very complex family cases (transferred from FC), appeals from certain decisions made by the Family Court.

Same-sex marriage Marriage (Same-Sex Couples) Act 2013 England and Wales Also legal in Scotland…. …but not in Northern Ireland The Marriage (Same-Sex Couples) Act was passed in 2013, and came into force in 2014. Since then both heterosexual and homosexual/same-sex couples have been able to get married in E+W. In 2014 same sex marriage was also legalised in Scotland, through an Act of the Scottish Parliament. However, same-sex marriage is not legal in Northern Ireland – this is an ongoing controversy. It may be interesting to know that Sinn Fein – party which historically represents Catholics – is in favour of marriage equality, but it is being blocked by the DUP, the Unionist Party.

Marriage Civil ceremonies at a Register Office or approved premises conducted by Superintendant Registrars Religious ceremonies conducted by a religious minister or clergyman lead to a legal marriage provided that the minister is authorised to register marriages no obligation to conduct ceremonies for same-sex couples Where can couples get married in England and Wales? Civil ceremonies can take place in a local Register Office or in approved premises – since 1994, places like stately homes and hotels have been able to apply to hold civil ceremonies. Religious ceremonies Obviously take place in religious buildings – church, temple (Hindu or Sikh) or mosque (Muslim) conducted by a minister or clergyman – provided that the minister is authorised to register marriages, no other ceremony is needed – COE clergyman are all authorised, but ministers of other Christian churches, imams and rabbis can also be authorised. After the cermony; a marriage certificate is issued, and the union must be recorded in the marriage register.

Marriage: rights and responsibilities Parental responsibility towards children born during a marriage A mutual duty to support each other and any children. Property can be held individually, but on divorce the judge has the power to redistribute wealth between the parties. If a spouse dies intestate, the other spouse will inherit some or all of the estate. Husbands have automatic parental responsibility towards children born during a marriage Not true for married lesbian couples, ( but it is true for lesbians in civil partnerships if they use IVF) A mutual duty to support each other and any children. Property can be held individually, but on divorce the judge has the power to redistribute wealth between the parties. (will do later, but if marriage short inheritantces, sole property etc more likely to be protected) If a spouse dies intestate, the other spouse will inherit some or all of the estate.

Civil partnership Civil Partnership Act (2004) Who can enter into a civil partnership? Introduced by the Civil Partnership Act (2004) ONLY same sex couples can register/entre into civil partnerships Gives essentially the same rights and responsibilities as marriage A CP can be converted into a marriage

Cohabitation Confers few rights or obligations, unless there is a “cohabitation contract” Does "living together" confer similar rights to marriage? confers few rights or obligations, unless there is a “cohabitation contract”

Children and parents

Parenthood Genetic mother v gestational mother Human Fertilisation and Embryology Act 2008 the gestational mother and her husband are a child’s legal parents this protects parents using who use donated eggs/sperm during IVF An unmarried (genetic) father will have parental responsibility if he is named on the birth certificate, or granted a court order. The law distinguishes between the genetic mother (whose egg is used/shares DNA with the child) and the gestational mother (who carries the baby and gives birth) In nature these are the same person The availability of IVF (FIV) means that they can now be different people Who are legal parents of a child (at birth)? Human Fertilisation and Embryology Act 2008 states that the legal mother of a child is the gestational mother and if she is married, her husband will also automatically be the legal parent,) An unmarried father will have parental responsibility if he is named on the birth certificate, or granted a court order.

Surrogacy Non-commercial surrogacy is legal commercial surrogacy is forbidden the gestational mother (and her husband) are the legal parents at birth the “intended parents” must apply for a Parental Order in order to gain parental responsibility surrogacy agreements are not legally enforceable Although these rules were intended to protect parents involved in IVF, they also impact on surrogacy arrangements surrogate – when a woman gives birth intending to give the child to another person / couple > at least one of the “intended” parents has a genetic link to the baby( egg or sperm) To what extent is surrogacy legal in England and Wales? Non-commercial surrogacy is legal commercial surrogacy is forbidden ‘the surrogate mother can only claim reasonable expenses (7-15,000 – lost earnings, travel costs, childcare of other children…) Who are the legal parents of a child born through surrogacy? Gestational mother is the legal parent, and has automatic parental responsibility (and her husband if she has one) the “intended parents” must apply for a Parental Order in order to gain parental responsibility (booklet not quite right, not adoption, can’t be done till child is 6 weeks old, though usually the intended parents take the baby immediately) What happens if a surrogate mother refuses to give up a child? surrogacy agreements are not legally enforceable > even if they are written and signed like as contract they do not bind the parties > Court resolves disputes by looking only at the best interests of the child

Adoption Open to anyone over the age of 21 Who is able to adopt? In principle Includes Single people Same-sex couples Heterosexual couples BUT anyone who wishes to become an adoptive parent must be approved to adopt, and then matched with a child > long, complicated process