Serving best interests in Known Biological Father disputes

Macfarlane, Lesley-Anne

Abstract

Article 3 of the UN Convention on the Rights of the Child provides that in ‘all actions concerning children’ the ‘best interests of the child shall be a primary consideration’. Increasing diversity in family life raises increasingly diverse issues in legal actions concerning children. In recent years, UK courts have determined a small but steadily growing number of cases brought by men who, having provided sperm to a lesbian couple, seek recognition of their status in respect of any child subsequently conceived. This chapter critically analyses how the best interests of children are decided in these ‘known biological father’ disputes. The fragmented taxonomy of the statutory parent-child relationship is contrasted with more inclusive contemporary judicial trends. It is also demonstrated that ‘known biological father’ arrangements generate unique legal difficulties since they often fall outwith the regulatory provisions of the Human Fertilisation and Embryology Acts of 1990 and 2008. While an underlying, and familiar, logic to decisions made about the child’s best interests is observed, inconsistencies in approach and terminology are found. In conclusion, steps towards reform are proposed.

Citation

Macfarlane, L. (2015, July). Serving best interests in Known Biological Father disputes. Paper presented at Convention on the Rights of the Child Implementation Project Colloquium

• Presentation Conference Type: Conference Paper (unpublished)
• Conference Name: Convention on the Rights of the Child Implementation Project Colloquium
• Start Date: Jul 9, 2015
• End Date: Jul 10, 2015
• Deposit Date: Aug 21, 2018
• Keywords: Article 3(1) UNCRC, Best Interests, Welfare, ‘Known Donors’, ‘Known Biological Fathers’, Co-Parenting, Multiple-Parenting, Human Fertilisation and Embryology Acts 1990 and 2008
• Public URL: http://researchrepository.napier.ac.uk/Output/1280869