The Family Law Research Essay (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).
The paper has four sections: the introduction which briefly introduces the concept of assisted reproductive technology (ART) while underpinning the points of the flexibility and rigidity between family law and fertility law. The discussion section extensively covers the concept of family law juxtaposed against fertility law. To do this, the paper explores the central features of child-parent relationships under these two themes. The discussion analyses issues surrounding traditional heterosexual couples (the legal mother is the one who gives birth to the child while the legal father is the one who married to the mother), heterosexual couples using ART (like surrogacy) and issues revolving around same-sex couples using ART and their legal parentage.
The analysis section digs deeper into the various legal approaches seeking to unravel the points of tension in a bid to justify how rigid the legal framework is. The paper then wraps up the discussion in the conclusion section summarising the main points with confirming the fact that indeed the legal framework is rigid to adequately protect the rights of the various parties involved in assisted reproduction.