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What's the point of parenthood? The agreed parenthood provisions under the HFE Act 2008 and inconsistency with intention

Callus, T. (2019) What's the point of parenthood? The agreed parenthood provisions under the HFE Act 2008 and inconsistency with intention. Journal of Social Welfare and Family Law, 41 (4). pp. 389-405. ISSN 1469-9621

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To link to this item DOI: 10.1080/09649069.2019.1663002

Abstract/Summary

This article illustrates the inconsistencies of the current law relating to intention as the basis for agreed parenthood. I argue that the courts are not always faithful to the underlying policy of recognising intention to attribute legal parenthood, in particular where the putative parents’ relationship has broken down. I claim that it is problematic to prioritise certainty of the existing inadequate procedural conditions at the expense of certainty for the child’s identity. A much clearer articulation of how intention is enshrined as the basis of parenthood is needed.

Item Type:Article
Refereed:Yes
Divisions:Faculty of Arts, Humanities and Social Science > School of Law
ID Code:82620
Publisher:Routledge

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