Problems that Arise Due to Current Regulation of Assisted Reproduction and Legal Parentage (Essay Sample)

FAMILY LAW RESEARCH ESSAY
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Abstract
Assisted reproductive methods have created a system that has necessitated the familial situations which are outside the traditional ideals whereby it has always been assumed that a woman and a man who give birth to a child are the parents. This assumption has in most cases been made out of the genetic links that are perceived even if none is existent. It would, however, be important to determine whether the definition of the word parent should be based on the perception of the heterosexual and ordinary two-parent model as is currently the case, whether it should be based on genetic connection or if it should be on the social or intentional basis or physical input. This paper argues that as the law stands, the provisions that determine legal parentage in assisted reproduction are too rigid and inadequate and reflect unintentionally or intentionally a perception that “assisted reproduction” is disruptive, troublesome and less legitimate means of forming families.
Summary
Is the law relating to assisted reproduction and legal parentage too rigid to adequately protect the interest of the parties? In answering this question, this paper presents a comparative analysis of family law and fertility law while looking at the points of flexibility and rigidity of the two. This paper argues that the law relating to assisted reproduction and legal parentage is indeed too rigid to adequately safeguard the rights of the involved parties. To justify this claim, the paper explores the dynamics of family law and fertility law while focusing on three primary areas: Human Fertilisation and Embryology Act 1990 (HFEA 1990), the Children Act 2004 and the Human Fertilisation and Embryology Act 2008 (HFEA 2008).