Birth and status: The ongoing discrimination against children in Scots law based on parentage

This chapter explores the potential for discrimination against children which still exists in Scots law on the grounds of birth and status. Although the concept of illegitimacy has, at first sight, been swept away by legislative reform, there remains a loophole: illegitimacy is still a relevant concept in the context of succession to parents’ titles, honours, dignities and coats of arms. This is further compounded by the ongoing identification of the genetic parents as the “true” parents in this context: a donor conceived child will also be excluded from the succession, despite being the legal child of the parents who sought clinically assisted conception. Children will therefore be treated differently depending on birth and status. This discrimination under Art 2 UNCRC is an obvious cause for concern, and the chapter will conclude with proposals for reform, to remove this discriminatory status.