BCL Law Notes Children, Families & the State Notes
A collection of the best BCL notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through applications from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BCL notes available in the UK this year. This collection of notes is fully updated for recent exams, also making the...
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Seminar Notes |
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Note: Surrogacy as a test case for considering theories on parenthood and parental responsibility/rights ASSUME: For surrogacy to take place, must be genetic connection to at least one of the intended parents Diversity of domestic legal systems:
English law prohibits commercial surrogacy: criminal offences to make money from facilitating surrogacy; and surrogacy contracts non-enforceable
Rules of parenthood as they apply at point of birth — same are normal: surrogate mother is legal mother —second parent will depend on relationships (eg. husband) and genetic connection to child
International Regulation, including possibility of international Convention and comparison to Adoption
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Position in English Law — Academic Commentary | |
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*Fenton-Glynn 2015 | The Regulation and Recognition of Surrogacy under English Law NOTING increase in international surrogacy leading to issue of whether English law should recognise an agreement that takes place legally in one jurisdiction which is contrary to domestic legislation Argument: (1) In deciding whether to authorise surrogacy arrangement (grant a parental order), tension between (a) English prohibition on commercial surrogacy (enforcement of statutory provisions) and (b) paramountcy of child’s welfare (2) While public policy may oppose surrogacy agreements, child’s welfare requires that arrangement be given effect — courts have been forced to “stretch” and “manipulate” the law to fit requirements of child’s welfare, such that “legislation little more than an empty shell”
(3) Permissive approach — such that parental order a “foregone conclusion” — illustrated in relation to:
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Buy the full version of these notes or essay plans and more in our Children, Families & the State Notes.
A collection of the best BCL notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through applications from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BCL notes available in the UK this year. This collection of notes is fully updated for recent exams, also making the...
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