Should Children Have a Right to Know Their Biologicalparents?
With particular reference to children born following donor insemination and adopted children, critically explore the extent to which it can be said that the law currently recognises that all children have a right to know who their genetic parents are.
In 2008 there were around 708,111 live births in England and Wales alone, of these births many will not be brought up by their biological parents. Whether the child is adopted from birth and brought up by none biological parents or conceived via donor insemination, more and more children are growing up having no contact with their biological parents. It’s a rising issue to consider whether or not children should be able to know who their real parents are and what the law around this area suggests. It is very difficult to determine whether or not children should have more rights to know their genetic upbringing or whether such information would be deemed unnecessary. Such a sensitive area rise many advantages in enabling more rights yet provides many valid arguments in why increasing such rights could have very negative consequences.
The law doesn’t pay much recognition to a child’s right to know their genetic parents in general. However in terms of children born from assisted reproduction, the Human Fertilisation and Embryology Authority Regulations 2004 states that all children born following donation can access the donor’s name, the donor’s date and town of birth, the appearance of the donor and if given a short statement made by the donor. This information is now accessible for all children born after April 1st 2005. Before then a child could only gain access to certain information which would either contribute to a medical condition or discovering whether they were related to a person they wished to marry. Although this change is now available children still have to wait until they reach 18 years of age before the information is accessible. Clearly meaning the law at present lies that children are brought up
In 2008 there were around 708,111 live births in England and Wales alone, of these births many will not be brought up by their biological parents. Whether the child is adopted from birth and brought up by none biological parents or conceived via donor insemination, more and more children are growing up having no contact with their biological parents. It’s a rising issue to consider whether or not children should be able to know who their real parents are and what the law around this area suggests. It is very difficult to determine whether or not children should have more rights to know their genetic upbringing or whether such information would be deemed unnecessary. Such a sensitive area rise many advantages in enabling more rights yet provides many valid arguments in why increasing such rights could have very negative consequences.
The law doesn’t pay much recognition to a child’s right to know their genetic parents in general. However in terms of children born from assisted reproduction, the Human Fertilisation and Embryology Authority Regulations 2004 states that all children born following donation can access the donor’s name, the donor’s date and town of birth, the appearance of the donor and if given a short statement made by the donor. This information is now accessible for all children born after April 1st 2005. Before then a child could only gain access to certain information which would either contribute to a medical condition or discovering whether they were related to a person they wished to marry. Although this change is now available children still have to wait until they reach 18 years of age before the information is accessible. Clearly meaning the law at present lies that children are brought up
Bibliography: Bainman, A., Legal Journals Index Arguments about parentage, C.L.J. 2008, 67(2), 322-351 [Cambridge Law Journal] Publication Date: 2008 Bainman, A., Children – The Modern Law 2rd ed. (2005) Jordan. Fortin, J., Children’s Rights and the Developing Law 2nd ed (2009). CUP Herring, J., Family Law 4th ed [ 4 ]. Maclean and Maclean (1996) 8 CFLQ 3 at 243 [ 5 ] [ 6 ]. Maclean and Maclean (2006) and Cook (2002) [ 7 ] [ 8 ]. Int. J.L.P.F. 2009, 23(2), 174-191