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Determining domicile of origin for children

22 August 2018 / Sam Dewes
Issue: 4661 / Categories: Comment & Analysis
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Domicile difficulties

KEY POINTS

  • The family unit is undergoing change and complex family structures have evolved.
  • How can the domicile of a child be determined when the rules require a mother and a father?
  • Establishing legal parenthood can be complex.
  • A child cannot be born with two male parents because every child is born with a legal mother.
  • In a surrogacy arrangement it is necessary to transfer legal parenthood to the intended parents.
  • Is it time for an overhaul of the law on domicile?

In 1963 John F Kennedy said: ‘Time and the world do not stand still. Change is the law of life.’ Some 55 years later this adage continues to hold true in the UK. In that time one of our society’s most fundamental...

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