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

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.