Our Housing team are delighted following a formal tender procurement process to have been appointed to three lots under the new multi-million-pound legal services framework for The Riverside Group.
The law is this area is primarily governed by the Human Fertilisation and Embryology Act 1990 (HFE 1990) and whilst the Act has been reviewed in both 2004 and 2007 and subsequently amended by the HFE 2008 the legislation in this area has not seen a significant overhaul since its enactment.
As the report highlights the need for reform in the area of surrogacy law is great and can no longer be ignored. The main area in which reform is needed, is the time limit in which parents can apply for parental orders. Currently, applications for parental orders can only be made between 6 weeks and 6 months after the birth of the child concerned. Anthony Collins Solicitors childcare team, headed by Jas Tamber , were recently successful in challenging the time limit imposed by the HFE Act and secured a parental order for the intended parents who had made their application after the 6 month time limit had elapsed.
Understandably this is the area of reform that is most frequently challenged. It can only be assumed that the need to challenge the time limit in which parental orders can be made is primarily due to the lack of awareness of intended parents. Problems can also arise if surrogacy arrangements have taken place with a surrogate mother being located outside of the UK. There are additional requirements in relation to the immigration status and entry requirements for the child etc. that can potentially lead to applications being made outside of the time limits imposed by the HFE Act.
A further significant area for reform, is that the law currently doesn’t allow for single parents to apply for a parental order. This is despite an intended parent being able to foster and/or adopt a child or in the case of a female intended parent, undergo IVF.
This can be even more frustrating when the intended parent is biologically linked to the child. In this scenario, a source of legal recourse would be for the intended parent to apply to the court under a child arrangement application. Any order made would be regulatory in nature, rather than transformative, and therefore would usually extinguish the day before the child’s 17th birthday. Alternatively, adoption could be considered by the intended parent, however this is not without its own difficulties.
The report also highlights that the law also requires one or both of the intended parents to have a genetic link to the child, in order to apply for a parental order. The report highlights that by comparison there is no such requirement for those who undergo IVF. This is because the law recognises the gestational mother as the legal mother of a child. This is both unfair and arguably a violation of rights to equality among other basic rights.
It is clear that as technology and science advances and as society becomes more accepting of non-traditional family arrangements that the need and want for review and reform will only grow and build momentum. It is fair to say that we here at Anthony Collins Solicitors are particularly interested and excited to see what developments are borne from this report and hope that reform in this area is soon to be forthcoming for the benefit of both the children and families involved.
For more information
Please contact Kadie Bennett
Necrotising Fasciitis, more commonly known as the ‘flesh-eating disease’, is a significant medical condition that requires urgent treatment.
Many of us who have been following the unfolding Inquest, are not surprised that the Coroner found gross and significant failures on the part of those caring for him.
Transferring out of SHPS will not be suitable for every housing association. So what should housing associations do?
In all the action to remove defective cladding, leaseholders have been the elephant in the room. Whilst social landlords might have adopted a wait and see approach private landlords do not have that luxury.
We welcome the Labour Party’s commitment to doubling the size of the co-operative economy. We wholeheartedly support the ambition to grow this vitally important part of the economy.
It was first referred to in the Charities Act 2006 (which was subsequently replaced by the Charities Act 2011) but it has finally been announced that charitable companies are able to convert to a charitable incorporated organisation (“CIO”).
The Private Members Bill Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill 2017-19 now has Government support and was debated at second reading on Friday 19 January 2018.
In short - yes. This is a common question in personal injury or clinical negligence claims and has recently come before the High Court in judicial review proceedings.
GDPR The General Data Protection Regulations (GDPR) will come into force on 25 May 2018 and bring changes to the rules governing data protection and the requirements placed on organisations which control or process personal data.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.