Children and Same Sex Families A Legal Handbook

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 responsibility
• 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

Anthony Hayden QC St John’s Buildings, Manchester

Marisa Allman Zenith Chambers, Leeds
Marisa is an experienced family law barrister who specialises in the financial and family implications of the breakdown of relationships. Called to the Bar in 1998, she practises from Zenith chambers in Leeds, advising a wide range of clients, whether in preparation, litigation or dispute resolution. Marisa was one of the first Barristers outside London to train as a Collaborative Lawyer. She has a particular interest in cases with an international element and has expertise in foreign jurisdiction matters. The impetus for this book comes from her interest in the area where scientific possibility, legal framework and social reality collide for individuals and families.

Sarah Greenan Zenith Chambers, Leeds
Sarah Greenan has practiced as a barrister in the north of England for more than twenty years. Experienced in all aspects of family law, she has a particular interest in family property disputes, whether arising on the breakdown of relationships or on death. She also frequently advises and represents parents in cases involving children, whether between parents and carers about the status, residence of and contact with children, or where the state intervenes to protect children. She practices from Zenith Chambers, Leeds. She is a trained Collaborative Lawyer. She sits part-time as a Deputy District Judge in the County Court and as a Tribunal Judge.

Elina Nhinda-Latvio Calderdale MBC
Elina Latvio is a senior local authority prosecutor qualified both at the bar and as a solicitor, also having both immigration and family law experience, and with a particular interest in promoting equality and diversity and the law as it affects lesbian, gay and transgender families.

Her Honour Judge Jai Penna Manchester Civil Justice Centre