1COR Quarterly Medical Law Review – Spring 2020 – Issue 5 – 1 Crown Office Row

‘Welcome to the fifth issue of the Quarterly Medical Law Review, brought to you by the barristers at 1 Crown Office Row.’

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1 Crown Office Row, 15th May 2020

Source: www.1cor.com

Transgender man loses appeal and remains recognised as ‘mother’ on child’s birth certificate – Transparency Project

Posted May 14th, 2020 in birth, children, gender, news, paternity, registrars, transgender persons by sally

‘This case concerns an appeal by Alfred McConnell (previously anonymised as TT in the first instance decision). Mr McConnell was born female but around 10 years ago, at the age of 22, transitioned to become male, undergoing testosterone treatment and a double mastectomy. His passport and medical records recorded him as male. In September 2016, Mr McConnell commenced fertility treatment in order to have a child. He was also recorded as male at the fertility clinic. A gender recognition certificate was awarded shortly after in April 2017 so that Mr McConnell could be legally recognised as male. In January 2018, he gave birth to a son, who continued to be known as YY in this appeal. When registering the child’s birth, Mr McConnell was informed that he had to be recognised as the child’s mother on the birth certificate. He sought judicial review of this decision, claiming that he should be recognised as ‘father’, ‘parent’ or ‘gestational’ parent, and that being recognised as ‘mother’ interfered with his and YY’s rights under Article 8 and Article 14 of the European Convention on Human Rights. A declaration of parentage, that Mr McConnell is the father, was also made on behalf of YY, under section 55A of the Family Law Act 1986.’

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Transparency Project, 10th May 2020

Source: www.transparencyproject.org.uk

Re A, B & C (Adoption : Notification of Fathers and Relatives) Judgment Handed down 29th January 2020 – Parklane Plowden Chambers

Posted February 6th, 2020 in adoption, chambers articles, human rights, news, notification, paternity by sally

‘Guidance from the Court of Appeal on how to decide whether or not to notify a putative father or a relative of the existence of the child or legal proceedings?’

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Parklane Plowden Chambers, 29th January 2020

Source: www.parklaneplowden.co.uk

Court of Appeal sets out principles for deciding whether father or relative should be informed of existence of child who might be adopted – Local Government Lawyer

Posted January 30th, 2020 in adoption, local government, news, notification, paternity by tracey

‘The Court of Appeal has set out the principles governing decisions – whether by local authorities as adoption agencies or by the court – as to whether a putative father or a relative should be informed of the existence of a child who might be adopted.’

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Local Government Lawyer, 29th January 2020

Source: www.localgovernmentlawyer.co.uk

Home Secretary withdraws appeal in child’s citizenship challenge – Garden Court Chambers

Posted November 20th, 2019 in appeals, children, citizenship, human rights, news, paternity by sally

‘The Secretary of State has withdrawn her appeal against the decision of the Administrative court in R(ota K, a child by her litigation friend) v SSHD [2018] EWHC 1834 (Admin).’

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Garden Court Chambers, 6th November 2019

Source: www.gardencourtchambers.co.uk

Children: Private Law Update (Autumn 2019) – Family Law Week

Posted October 18th, 2019 in appeals, children, contact orders, costs, evidence, family courts, identification, news, paternity by tracey

‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’

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Family Law Week, 13th October 2019

Source: www.familylawweek.co.uk

Paternity issues: AB v CD [2019] EWHC 1695 (Fam) – Family Law

‘This case concerns the very difficult situation in which the issue of disputed paternity only comes to light years after the child’s birth, when the child (and the father) have always believed that he is the biological father, but in fact it transpires that this is not the case.’

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Family Law, 10th October 2019

Source: www.familylaw.co.uk

Gender recognition and parenthood – Family Law

‘Jeremy Ford, a Solicitor-Advocate at Cambridge Family Law Practice, acted pro bono on behalf of the Litigation Friend for the child at the centre of the landmark case of TT v Registrar General of England and Wales and Secretary of State for Health and Social Careheard by the President of the Family Division. The judgment was handed down on 25 September 2019 and has been reported as TT, R (On the Application Of) v The Registrar General for England and Wales[2019] EWHC 2384 (Fam) (25 September 2019).’

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Family Law, 7th October 2019

Source: www.familylaw.co.uk

What is a“Mother”, in law? – UK Human Rights Blog

‘A person who undergoes the physical and biological process of carrying a pregnancy and giving birth, irrespective of gender? This was the ruling of the Rt. Hon. Sir Andrew McFarlane P, President of the Family Division, on 25th September in TT, R(on the application of) v The Registrar General for England and Wales [2019] EWHC 2384 (Fam) . He decided that the Claimant, (known as “TT”), who was legally recognised as male at the time of giving birth to his child, (“YY”), is correctly registered as “mother” on YY’s birth certificate.’

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UK Human Rights Blog, 30th September 2019

Source: ukhumanrightsblog.com

Widow’s fight to get partner’s name on birth certificate- BBC News

Posted September 27th, 2019 in bereavement, birth certificates, children, cohabitation, equality, families, news, paternity, widows by tracey

‘A woman whose partner died while she was pregnant has said she suffered “emotional trauma” fighting through the courts to put his name on their child’s birth certificate.’

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BBC News, 27th September 2019

Source: www.bbc.co.uk

Woman must tell her son who his biological father is after having an affair rules the High Court – Daily Telegraph

Posted August 23rd, 2019 in anonymity, children, families, media, news, paternity, reporting restrictions by sally

‘A wife who was sued by her husband after it was revealed that her eight-year-old son is not his must reveal the name of the biological father to her husband and child.’

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Daily Telegraph, 22nd August 2019

Source: www.telegraph.co.uk

Transgender man who gave birth loses high court privacy ruling – The Guardian

Posted July 17th, 2019 in anonymity, children, judicial review, news, paternity, privacy, transgender persons by tracey

‘The first transgender man to give birth and seek to be called the child’s father has lost a high court case to protect his privacy despite warning that he and his child could be victimised and bullied as a result.’

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The Guardian, 16th July 2019

Source: www.theguardian.com

Transgender man in fight to be recognised as father of his child – Daily Telegraph

Posted February 14th, 2019 in news, paternity, transgender persons by sally

‘The Government is opposing a transgender man’s battle to make his child the first in the UK legally not to have a mother.’

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Daily Telegraph, 12th February 2019

Source: www.telegraph.co.uk

Daughter ordered to take DNA test to prove she has an interest in her late father’s estate – Family Law

Posted March 13th, 2018 in consent, DNA, families, jurisdiction, news, paternity, wills by sally

‘Colin Birtles died without a will in 2013. He was survived by his two daughters, Lorraine Freeman and Janice Nield-Moir. Unbeknown to her elder sister, Mrs Freeman successfully applied for letters of administration to enable her to manage and distribute his estate, amounting to his terraced house in Oldham and a small amount of cash. According to the rules of intestacy, Mr Birtles estate should be divided equally between the two sisters.’

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Family Law, 9th March 2018

Source: www.familylaw.co.uk

Exploring applications for declarations of parentage (Akyuz v Akyuz) – Family Law

‘Private Client analysis: Michael Wells-Greco, partner at Charles Russell Speechlys, examines the issues in Akyuz v Akyuz and examines whether an application for a declaration of parentage should be dismissed or stayed on the basis of forum non conveniens.’

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Family Law, 24th November 2017

Source: www.familylaw.co.uk

Mum Danielle Morris who faked DNA paternity test jailed – BBC News

Posted June 13th, 2017 in children, DNA, fraud, news, paternity, sentencing by sally

‘A woman who faked a paternity test to fool an ex-partner into believing he was her baby’s father has been jailed.’

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BBC News, 12th June 2017

Source: www.bbc.co.uk

Finance and Divorce Update August 2016 – Family Law Week

Posted August 19th, 2016 in children, cohabitation, divorce, financial provision, marriage, news, paternity by tracey

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during July 2016.’

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Family Law Week, 7th August 2016

Source: www.familylawweek.co.uk

Judge allows paternity test for DNA disease analysis – UK Human Rights Blog

Posted April 22nd, 2016 in cancer, DNA, family courts, genetic testing, human tissue, news, paternity by tracey

‘Spencer v Anderson (Paternity Testing) [2016] EWHC 851 (Fam). A fascinating case in the Family Division throws up a number of facts that some may find surprising. One is that this is the first time the courts in this country have been asked to direct post-mortem scientific testing to establish paternity. The other is that DNA is not covered by the Human Tissue Act, because genetic material does not contain human cells. One might wonder why the statute doesn’t, given that DNA is the instruction manual that makes the human tissue that it covers – but maybe updating the 2004 law to cover genetic material would create more difficulties than it was designed to resolve.’

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UK Human Rights Blog, 20th April 2016

Source: www.ukhumanrightsblog.com

Approach of Home Office to nationality case “astonishing and grotesque” rules High Court – Free Movement

Posted October 16th, 2015 in citizenship, DNA, government departments, India, news, paternity by sally

‘The case is R (Bondada) v Secretary of State for the Home Department [2015] EWHC 2661 (Admin), a challenge to a refusal by British officials to recognise the British citizenship of a lady who was a survivor of domestic violence looking to rebuild her life.’

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Free Movement, 16th October 2015

Source: www.freemovement.org.uk

Court orders girl with two mothers to stay in touch with two fathers – The Guardian

Posted October 16th, 2015 in assisted reproduction, children, contact orders, news, paternity by sally

‘A 14-year-old girl who was born as a result of donor fertilisation and is now embroiled in an “extraordinary” high court case has been ordered to stay in touch with her two “fathers” against her wishes.’

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The Guardian, 15th October 2015

Source: www.guardian.co.uk