Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

26 SEP 2006

Natural Born Children: The House of Lords and the Blood Tie

Lucy Whitesmith, Barrister, 4 Paper Buildings and Daniel Coombes, Solicitor and mediator, Family Law in Partnership. The decision of the House of Lords in July 2006 in Re G (Children) [2006] UKHL 43 has a good claim to be the most important child law case since J v C[1970] AC. Despite its unusual facts, it is of universal application. It addresses s 1(1) of the Children Act 1989 and goes to the root of some of the most basic questions in family law, such as what is a parent? and how much does the blood tie matter? If the facts are familiar it is because the case was in the Court of Appeal a year earlier on the separate issue of sole or joint residence: Re G (Residence: Same-Sex Partner) [2005] 2 FLR 957. That decision gave strong support to the tide in favour of shared residence arrangements and, accordingly, bolstered the position of lesbian co-parents (non-biological lesbian mothers). The decision of the House of Lords is significant in the following areas:

  1. The definition of a parent.
  2. The significance of the blood tie.
  3. Same-sex couples and children.
  4. Enforcing contact.
  5. Restricting movement within England and Wales.

See November [2006] Fam Law for the full article.

Female Genital Mutilation

Female Genital Mutilation

Law and Practice

Covers the law, practice and procedure in respect of FGM and also includes wider contextual...

Financial Remedies Handbook

Financial Remedies Handbook

Formerly entitled the Ancillary Relief Handbook this is the first resort for thousands of...

Available in Family Law Online
Subscribe to our newsletters