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Sunday 15 April 2012

Natural Parent Presumption

So we have another week off which is really nice I guess although my days are just blighted with the joy of coursework. Two left to be precise. First, there is family coursework which I am finding really interesting and it is actually much harder than I first thought it would be. This piece focuses on the natural parent presumption which is the view that biological parents have an automatic right to bring up their child without regard to what is in the child’s best interest. I, for one, whole heartedly disagree with this presumption but what is your opinion? Of course my own view is shrouded by my life’s personal and bitter experiences but I do see why one would argue otherwise. Thankfully, recent case law has seen a change in the natural parent presumption whereby it has been clarified that any discussions of presumptions of the rights of child to be brought up by their biological parent is wrong and that the first and paramount consideration is the child’s welfare. In my opinion genetics play an insignificant role in determining who should bring up a child. One must consider the psychological implications of separating a child from its psychological parent i.e. the case of Re G (Children) [2006] UKHL 43.

Check out our lecturer’s article “Are Some parents more natural than others?” by Lucy Yeatman and Kim Everett. A detailed but easy to read article on the natural parent presumption.

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