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NEWS
Family analysis: In FG and another v IJ and others (Secretary of State for the Department of Education intervening) the President of the Family Division determined that a parental order can be made in favour of adoptive parents of a child who was born as a result of a US surrogacy arrangement, even though they were already deemed the legal parents by virtue of the US adoption being recognised in the UK. This judgment therefore confirms that it is possible to be a legal parent of a child by way of both a parental order and via adoption as the Human Fertilisation and Embryology Act 2008 (HFEA 2008) and the Adoption and Children Act 2002 (ACA 2002) are compatible in this regard. The reason for the parental order application related to the child’s entitlement under a trust, which was not considered in this judgment. All parties, including the intervening Secretary of State for the Department of Education, agreed with the application. Shaili Gohil-Desai, solicitor at Burgess Mee Family Law, considers the decision.
GLOSSARY
All the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.
NEWS
Family analysis: In ‘Father’ v ‘Mother’ (The Secretary of State for Justice and others, intervening) and other cases, the Court of Appeal considered whether, where an individual was registered as a child's 'father' in their birth register entry, parental responsibility attributed by such registration attached to a 'father' who was not, in fact, the biological/genetic father of that child? Teertha Gupta KC and Isabella Hibbert-Robinson of 4PB consider the issues.
PRECEDENTS
This document provides general guidance regarding parental responsibility for a child. Your family lawyer will be able to provide specific advice based on your circumstances. What is parental responsibility? Parental responsibility is defined in law by the Children Act 1989 as: ‘…all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.’ People with parental responsibility are entitled to have a say in major decisions about the child, such as: • where the child should live • where they should go to school • what (if any) religion the child should have • what name they should have • the giving or withholding of medical treatment, and • dealing with their money or property Having parental responsibility does not itself give a person a right to live with or spend time with the child. Generally parental responsibility lasts until the child reaches 18 but it may come to an end sooner if the child is adopted. If it was
GLOSSARY
A parentelic system is a method of identifying heirs by tracing bloodlines through “lines of parentage” (parentelae), rather than by fixed degrees of kinship alone. In succession law, it ranks relatives by family branch: typically starting with the deceased’s descendants (first parentela), then parents and their descendants (second), then grandparents and their descendants (third), and so on.In the UK and Ireland, the concept underpins the statutory rules on intestate succession, although “parentelic” itself is usually a descriptive term rather than a defined statutory expression. The approach is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland: closer parentelae exclude remoter ones, so that more distant relatives on a nearer parental line inherit ahead of closer relatives on a remoter line.Practically, understanding the parentelic system is important when advising on intestacy, drafting wills with substitutional gifts, resolving conflicts between different branches of the family, and interpreting succession legislation. It assists in determining entitlement where there are no surviving spouses, civil partners or direct descendants, and in explaining to clients why certain collateral relatives (such as cousins) may or may not inherit.
GLOSSARY
A court ordered contact activity designed to educate separating parents about how their actions could impact upon their child or children.
GLOSSARY
An agrement entered into by parents regarding arrangements for their children.
Q&As
The following Practice Note is relevant to your question: UK pensions tax treatment of internationally mobile employees and members, see in particular the section entitled: Tax treatment of overseas individuals who are members of UK registered pension schemes. As mentioned in the Practice Note, since 6 April 2006, membership of a UK-registered pension scheme is open to anyone regardless of where they are resident. Part 4 of the Finance Act 2004 (FA 2004) does not therefore restrict the
Q&As
Section 142(1) of the Inheritance Tax Act 1984 (IHTA 1984) provides that, where, within two years of a person’s death, a disposition of the property comprised in that person’s estate immediately before his death is varied, by an instrument in writing, the Act will apply as if the variation had been effected by the deceased. The other subsections of IHTA 1984, s 142 contain various other restrictions on that provision, and in particular, IHTA 1984, s 142(3) says that subsection (1) shall not apply to a variation made for any consideration in money or money’s worth, other than another variation of a difference disposition of the deceased’s estate (ie, a swap between two beneficiaries). In this case,
GLOSSARY
The right to be treated equally.
GLOSSARY
Also known as the Paris Climate Accord or Paris Climate Agreement, the Paris Agreement is an act that has been signed by 195 signatories (as of September 2017) with the intention of managing greenhouse gas emission mitigation, its adaptation and financing, beginning in 2020.
GLOSSARY
means the three goals set out in Articles 2.1 and 4.1 of the UNFCCC’s agreement'>Paris Agreement[. OR , in particular pursuing efforts to limit global temperature increase to 1.5 degrees Celsius above pre-industrial levels.]