释义 |
legal parenthood Legal parenthood is concerned with who, in law, is deemed to be the parent of a child. The mother of the child is the woman who gives birth to the child. This is so even if the child has been born as a result of assisted reproduction and the child is not genetically related to her, and even if the position is later varied by adoption or a parental order. Indeed, the mother of the child is the person who gives birth to the child even if that person’s legal gender is male (R (McConnell) v Registrar General for England and Wales [2020] EWCA Civ 559). A man who wishes to prove he is the father of a child must show that he is genetically related to the child, or that the legal presumption of paternity applies (where he is married to, or in a civil partnership with, the child’s mother), or that he is a father by virtue of the statutory provisions relating to assisted reproduction. The mother’s female partner can similarly acquire parenthood by virtue of statutory assisted reproduction provisions. Legal parenthood may be conferred on a person or persons by virtue of an adoption order or parental order. |