Identifying the legal parent/child relationship and the biological prerogative: Who then is my parent?

Research output: Contribution to journalArticlepeer-review

Abstract

This paper examines the continued reliance on biology in establishing the parent/child relationship in Scots law, particularly in cases of natural insemination. Where there is any challenge, by way of an action for a declarator of parentage or non-parentage, legal parental status (and particularly paternity) will be established solely by reference to biology. This article challenges the status quo and advocates the need for a more nuanced approach, in particular one which takes into account the best interests of the child, and children's rights. The consequent proposals for law reform seek to recognise the importance of social relationships, and balance these against the need to respect the genetic truth.
Original languageEnglish
Pages (from-to)22-41
JournalJuridical Review
Volume1
Issue number1
Publication statusPublished - 1 Feb 2018

Keywords

  • family law
  • child law
  • parentage
  • paternity
  • legal parental status
  • biology
  • genetics and DNA
  • declarator of parentage
  • illegitimacy
  • social parenting
  • rights of the child
  • welfare principle
  • best interests of the child
  • voice of the child

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