Genes or Jeans? The importance of the genetic relationship when evaluating a child's best interest

The winds of change blow gustily. The once-solid ideal of the traditional family has become increasingly supple re-wrought and re-modelled with time. Central to this is the issue of parenthood.

 Nowadays practitioners might ask: when deciding a child arrangements order (CAO) how do we balance the competing demands of the genetic parent and the social or psychological parent? Do we still begin with the presumption that a child's interests are best met by her biological parents?

 This article shortly examines the theme. Part I traces the progression of the idea of 'natural parenthood' in private children law. Part II provides a case study to assist practitioners in deploying the 'natural parenthood' principles to a non-parent-carer case (where say grandparents are the parties in a CAO application).

Part I – 'natural parenthood'

The starting point

In any determination of a child's living arrangements the child's welfare is the paramount consideration with particular regard had to the 'welfare checklist' (ss 1 and 3 of the Children Act 1989).

Genetic link between child and parent-carer: the 'natural parenthood' principles

Case law in this area has focussed on the importance of the genetic link...

Read the full article here.