Are Some Parents More Natural than Others?

20 Pages Posted: 5 Oct 2011

See all articles by Kim Everett

Kim Everett

University of Greenwich

Lucy Yeatman

University of Greenwich

Abstract

This article explores the differing judicial approaches to the weight accorded to biological parenthood in residence disputes. We examine the legal basis for the natural parent presumption and conclude that the recent Supreme Court decision in Re B, reversing the decision of the Court of Appeal in granting a residence order in favour of a grandmother rather than the father, makes it clear that any reference to presumptions or the right of a child to be cared for by its biological parents is wrong and will detract from an examination of the best interest of the child. Although the decision is to be welcomed, in that it reaffirms the principles of the Children Act 1989, it does however leave questions unanswered, in particular how much weight should be given to genetic parenthood. The difficulty is that if the genetic relationship between parent and child ‘must count for something’ as Baroness Hale has stated, how much weight should be attached to it? We would argue that the law should seek to recognise all parents equally, regardless of their route to parenthood. The crucial factor should be the love and commitment shown by the adults in the child’s life, not the source of that love, be it genetic or social.

Keywords: residence, biological parenthood, Re B, child's best interests

Suggested Citation

Everett, Kim and Yeatman, Lucy, Are Some Parents More Natural than Others?. Child and Family Law Quarterly, Vol. 22, No. 3, pp. 290-309, 2010, Available at SSRN: https://ssrn.com/abstract=1939193

Kim Everett (Contact Author)

University of Greenwich ( email )

30 Park Row
Greenwich
London, SE10 9LS
United Kingdom

Lucy Yeatman

University of Greenwich

30 Park Row
Greenwich
London, SE10 9LS
United Kingdom

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