Father liable for cost of child conceived without his permission

Modern technology can throw up all sorts of new conundrums for the law to grapple with. IVF treatment, for example, has raised the possibility of a child being conceived without the permission of either one of its natural parents. We have seen cases of this before, such as where a widow has sought to use her dead husband’s frozen sperm to conceive a child, or even where a woman has wanted to use her late daughter’s frozen eggs to give birth to her own grandchild.

But what if the child is conceived as a result of a deception? What if a mother conceived a child via IVF after deceiving the IVF clinic into believing that the father consented, when she knew he did not? Would the father then be liable for the costs of the child’s upbringing?

This was the situation in the recent Court of Appeal case ARB v IVF Hammersmith & Another.

The facts of the case were as follows. In 2008 the parents, who were in a relationship, attended an IVF clinic for the purpose of investigating and subsequently undergoing fertility treatment. As part of that treatment a number of embryos were created using the mother’s eggs and the father’s sperm. One of those embryos was implanted into the mother, and she subsequently gave birth to a healthy boy, in the autumn of 2008. Five other embryos were frozen, with the parents’ consent, to await the possibility that they would decide to undergo further treatment.

However, following the birth of the son the parents’ relationship deteriorated, and they separated in July 2010.

Despite this, the mother attended the clinic again in 2010, with a view to using one of the frozen embryos to have another child. In the course of this process a consent form was required to be signed by both parents, confirming that they consented to the procedure. The form was completed by the mother in October 2010. However, the father did not consent – his signature on the form had been forged by the mother.

The procedure went ahead and the mother gave birth to another child, a daughter, in 2011. Family court proceedings took place in relation to the children, and an order was made “confirming parental responsibility and shared residence in respect of both children.”

The father issued proceedings against the clinic for breach of contract, seeking damages for the cost of the daughter’s upbringing. As neither breach of contract nor the law of tort, which was also referred to in the case, is a family law matter, I will not go into the details. Suffice to say that the High Court found that the clinic had committed a breach of contract by thawing and implanting the embryo. However, the judge held that the father could not recover damages for the cost of the daughter’s upbringing, for reasons of legal policy.

The father appealed, to the Court of Appeal.

The primary question for the Court of Appeal to answer was whether the legal policy objection to the father recovering damages for the cost of the child’s upbringing applied. The reasoning behind the policy is essentially twofold: firstly, that it is inherently impossible to quantify how much it costs to bring up a child, and secondly that it is morally unacceptable to regard a child as a financial liability.

Giving the leading judgment of the Court of Appeal, Lady Justice Nicola Davies DBE found that the legal policy did apply. Again, I will not go into the legal details, but those two essential reasons behind the policy were applicable here: that it was not possible to calculate the father’s loss for breach of contract, and that it was morally unacceptable to regard a child as a financial liability. In any event, as Lady Davies said, the father had accepted his share of responsibility for his daughter’s upbringing, and wished to treat her in the same way as his other children.

Having found that the policy did apply, Lady Davies dismissed the appeal. Lord Justice David Richards and Lady Justice King DBE gave concurring judgments.

If you wish you can read the full report of the case here.

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Author: John Bolch

The world’s richest man to divorce

So, the media went into a frenzy yesterday as the richest man in the world announced he was getting a divorced on Twitter.

Jeff Bezos and his wife, MacKenzie, are set to divorce after a 25-year marriage and the initial reports indicate that it is amicable. Let’s hope it stays that way. Keeping things civil ensures that you can complete the divorce with less stress and less time. Not to mention this is better for their four children.

Divorce in America has very different rules. If the divorce took place in England, the starting point would be 50:50 division of all the assets. As Amazon was built up during the marriage, and any other assets such as their substantial property portfolio would very likely be split 50:50.

After such a split will Jeff Bezos still be the richest man in the world?  And will MacKenzie become one of the richest women in the world?

Of course, any division will depend on how the companies and assets are structured, and what assets are in whose names.

High-net-worth divorces can be very complicated: Trusts could have been set up for their children, money gifted to charities, and there may be offshore interests.  In which case a court may struggle to enforce an order against those offshore assets.

Perhaps they had a pre or postnuptial agreement setting out what would happen to their finances upon a divorce?

It is not uncommon for high-profile people to have a non-disclosure agreement in place, so we may never know.

One thing, however, is certain, it will be a very complicated divorce.

Phoebe Turner

Managing Partner at London Victoria

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Author: Phoebe Turner

I shall name him Superman: An international comparison of baby naming law reform by Alex May

Late last year we worked with the University of Winchester’s brightest law students to submit articles for our blog. This was a chance for them to be published online and boost their online profiles. We received some strong submissions but, in the end, we narrowed the field down and this article, written by Alex May is the winning entry.

Naming a baby

What should we call our baby? The first question for every new set of parents when they discover the amazing news of being pregnant. However, many parents will not know the laws involved in naming their new baby. In most circumstances, the chosen name would not endure any legal consequences.

What is the law in England & Wales?

So, what is the law on baby names in the UK? The short answer… there is not any.

Superman… Gandhi… Arsenal… Bear… they have all been accepted as baby names in Britain.

Registrations of births in England and Wales are made under the Births and Deaths Registration Act 1953 and the Registration of Births and Deaths Regulations 1987, however, the legislation does not set out any guidance on what parents may name their child.

So, how do our relaxed and non-existent naming regulations compare against other countries on an international stage? In Britain, third parties can only become involved in the baby naming process in extreme cases, as long as a name is not offensive and fits in the box on the form it will be accepted. How can this be right when that name becomes a child’s label until they are of a riper age to make a change?

In the age of social media, bullying is now not only practice within schools, but cyber-bullying occurs far too often leaving children isolated and alone, it should then be questioned as to why Britain has little regulation on something that could define a child’s early life from the day they are born.

It must then be said that the judgement of Lady Justice King in Re C (Children) (Child in Care: Choice of Forename) should become an efficient and well use practice to regulate this area. She looked in relation to the child’s sense of identity and self-worth and to her day-to-day life as a child. The name, in this case, would potentially expose the child to treatment which goes far beyond acceptable teasing and therefore she ruled against it.

This judgement demonstrates exactly where the law should develop to, there should be more weight put on the child’s welfare over paternal rights, it should be the child’s future that should decide the acceptance of a name, not the parents right to call their child anything they want.

The law internationally

When compared with the international stage, Britain’s naming laws demonstrate a need for reform. In New Zealand the Births, Deaths and Marriages Registration Act of 1995 s.18 states that it is undesirable in the public interest for a person to bear a name or combination of names if it might cause offence to a reasonable person or it is unreasonably long; or it is without adequate justification.

In contrast, Sweden’s Naming Act 1982 s.34 a first name may not be accepted as being liable to offend or likely to cause discomfort to the person who is to bear it or name which, for some other reason, is obviously not suitable as a first name.

France, the most child friendly naming laws, states in their Civil Code of Persons Chapter 2, Section 1, Article 57 Where first names or one of them, alone or combined appears to be contrary to the welfare of the child the officer of civil status shall give notice thereof to the government procurator without delay [or…] refer the matter to the family causes judge. Where the judge considers that the first name is not consonant with the welfare of the child… he shall order its removal from the registers of civil status.

The need for reform

Subsequently, when looking at Britain on a global scale our stance on baby naming laws is weak and should be reformed. New Zealand is the closest to Britain in terms of its requirements, the welfare of the child is not mentioned at all, but they still have legislation. Sweden and France have the most child-friendly laws and Britain should follow suit, or at the very minimum pass legislation clarifying our exact stance on baby names.

A baby name is one of the most important things in the start of a child’s life as it will be their name for at least 16 years until they can choose to change it by deed poll, but during those first years a child will enter education and be exposed to playground teasing, and an obscure and unique name could lead a child to receive teasing far beyond what is acceptable.

Quintessentially, if something as simple as a stronger emphasis on the welfare of the child eradicates the celebrity-led culture of ‘I want my baby to be different and have a unique name’ then reform should occur. As a unique name may be welcomed by the parents, but in terms of the welfare of the child, some names could have a massive impact on their baby’s future.

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Author: Stowe Family Law

Synesthesia

An example how a synesthetic person might associate a color to letters and numbers

Making sense of shared senses

I have always enjoyed finding (or making) connections between things that don’t seem to go together. So I have a special fondness for metaphor—especially when it’s indirect and novel. A number of years ago, a friend suggested we go out to dinner together. I asked what kind of place he had in mind, and he said, “Oh, I was thinking we’d go to a green restaurant.” I didn’t know what relevance a restaurant’s color could have, and the usual metaphorical meanings of green (“environmentally sensitive,” “inexperienced,” “nauseated,” etc.) didn’t seem to apply. Noticing my confusion, my friend explained his unusual usage of the term. “There’s a class of restaurants,” he said, “whose décor consists mainly of antiques hung on the walls and brass railings. There’s always a central bar, a lively atmosphere, pub-style food, and an excessively cheerful wait staff. You know the type—T.G.I. Friday’s, Chili’s, Bennigan’s, Applebees…” I nodded. I knew the type. He continued, “These restaurants also typically have green awnings. Thus: ‘green restaurants.’” Ever since then, I’ve referred to this class of restaurants as “green,” even when the awnings are red-and-white striped, when there are no awnings at all, or when other details differ from the canonical example. I like that description, because it’s the most compact way I can think of to describe that type of restaurant.

That Name Rings a Bell

For some people, though, the word “restaurant” may literally cause them to experience the color green—or a particular texture, smell, or taste. This is just one example of a phenomenon known as synesthesia, in which senses blend together or trigger each other in one way or another. In one of the more common forms of synesthesia, a given letter or number invariably appears to be a certain color. In other cases, a certain kind of sound may cause someone to see a color or experience a tactile sensation, or a texture or color may provoke the experience of a taste.

There are at least 50 different types of synesthesia, involving various combinations of senses both as the triggering stimulus and the secondary response. Some forms of synesthesia are experienced as multiple modalities of a single physical sense. For example, seeing a number might evoke a certain color for one synesthete, while in another person the same number might cause a different visual sensation, such as a pattern or shape. One sense may also trigger another, as in a tactile sensation that has a taste. But not all synesthetic experiences are restricted to the five senses. In some synesthetes, a word or sound might evoke a sensation of motion, or even a kinesthetic response, inducing the person to assume a particular physical position. There are also cases in which abstract concepts, such as days of the week or months of the year, cause the sensation of shapes, colors, or other experiences.

Survey Says…

Estimates vary widely as to what percentage of the population experiences synesthesia. I’ve read claims that as few as 1 in 25,000 or as many as 1 in 300 people have at least one pair of overlapping senses (in rare cases, all five senses are blended together), though everyone seems to agree that it’s more common among women and left-handed persons than the rest of the population. Synesthesia is always referred to neutrally as a “condition”—neither a “defect” nor a “gift”—because even though it’s abnormal in the sense of being rare, no one can seem to work out whether it’s advantageous or disadvantageous from an evolutionary point of view. It’s simply a trait, like having blond hair or being able to curl one’s tongue, that some people have and others don’t. There are cases in which synesthesia acts as a memory aid, and it is also associated with higher-than-normal levels of creativity. On the other hand, there are a few cases where the blending of senses is so pronounced that almost any stimulus produces a disturbing state of sensory overload.

Synesthesia is an inherited trait, although researchers have not identified the responsible gene (or genes) or the exact parameters that determine how it is transmitted. In any case, people with synesthesia experience the sensations involuntarily and consistently. There have been some reported cases in which children with synesthesia lose the multisensory associations as they grow older, but for the most part, a given stimulus always produces the same secondary response in a given person—if the number 5 is red, it will always be red; if the word “groovy” tastes like mint, it will be just as minty 10 years from now. That said, though, there is little consistency from one synesthete to the next in what sensations are triggered by what stimuli. No one has yet determined exactly how the specific associations form.

It’s Not Easy Hearing Green

Although synesthesia has been known and documented in medical literature since 1880, it was largely ignored as a field of serious inquiry until late in the 20th century. Many people believed that those who reported synesthesia were “just imagining things,” which is a strange accusation considering that all sensory perception is, by definition, in one’s head. But if someone reported that the letter R felt cold, it was easy to conclude that the person was just speaking metaphorically, or remembering a childhood association of some kind—not really experiencing the sensation of cold. Recently, though, researchers have used several clever techniques to prove conclusively that the secondary sensations are actually experienced in the brain, not simply memories or a poetic way of speaking.

In one experiment, for example, scientists filled a page with nearly identical monochrome 2s and 5s, asking subjects to tell them what pattern was formed by the 2s. Nonsynesthetes had great difficulty in picking out any pattern, because they had to look at each individual character. But for synesthetes who perceived 2s and 5s in different colors, the pattern (say, a triangle) formed by the 2s immediately jumped out.

Light Me Up

Having learned that synesthesia is a genuine sensory experience, researchers concocted more elaborate tests to determine what may be going on in the brain when such experiences occur. One such technique is a Functional MRI (magnetic resonance imaging) test, in which subjects are placed in a machine that can display a dynamic, real-time, 3D representation of blood flow in the brain. The parts of the brain that are activated in response to specific stimuli “light up” in distinctive colors. So in the case of someone who hears colors, showing the subject a color will cause the parts of the brain that handle auditory information to be activated, just as they would be if the person had actually heard the sound.

When discussing what happens in the brain in synesthesia, it’s common to talk about “crossed wires,” and of course the phenomenon does suggest communication between parts of the brain that do not normally interact. But the image of crossed wires is probably misleading; strictly speaking, synesthesia does not appear to require a different or more elaborate set of neural connections than in a normal brain. Instead, the prevailing belief is that existing connections are simply used in a new way, or that chemicals that ordinarily inhibit this type of cross-communication are not released. This notion is supported by the fact that phenomena similar to synesthesia sometimes occur in otherwise normal people who suffer seizures, have brain injuries, or use certain kinds of drugs. But apart from physical or chemical trauma to the brain, there is no evidence that synesthesia is a trait that can be learned or acquired deliberately.

A recurring theme among people with synesthesia is that they have learned by experience not to share their unusual sensations; painful tales of childhood ridicule are common. This is a great pity, because one person’s scary mutation is another person’s super power. With any luck, the combination of more generous cultural attitudes and really expensive scientific equipment will open all new doors for understanding and appreciating the unusual abilities of synesthetes.

Note: This is an updated version of an article that originally appeared on Interesting Thing of the Day on August 27, 2003, and again in a slightly revised form on July 8, 2004.

Image credit: User:Mysid [Public domain], via Wikimedia Commons


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Author: Joe Kissell

National Oysters Rockefeller Day

Oysters Rockefeller

We’ve covered Oysters Rockefeller previously here on Interesting Thing of the Day—it’s a baked oyster dish with a secret recipe—often imitated but never precisely replicated. If you want the original version, I’m afraid you’ll have to visit Antoine’s in New Orleans—the same restaurant that declared January 10 to be National Oysters Rockefeller Day starting in 2017. Today, however, if you are inclined to make Oysters Rockefeller yourself, or buy them at another restaurant, I hereby authorize you to use any recipe that tastes good. (Offer expires at midnight, sorry.)

Image credit: Larry Hoffman [CC BY-SA 2.0], via Flickr


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Author: Joe Kissell

Easy Paleo Chili “Cheese” Fries Recipe with Chocolate Chili and Dairy Free Cheese Sauce

A few months back I went out with friends to eat, and I ordered chili “cheese” fries (with non dairy cheese sauce), and it was so delicious. Since then, I’ve made it so many times at home; it’s become a bit of an obsession here. The reason for that is it is super easy to make, relatively frugal, my kids all enjoy it, and it tastes amazing.

I was in a rush yesterday and I made the chili


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Author: Penniless Parenting

How to Stop Getting Sucked Into Sales

It doesn’t matter how good of a deal something is. If we don’t need something and buy it unnecessarily, it’s a waste of money. Here’s some suggestions from a reader how to stop getting sucked into sales.

It’s fair to say we all love a bargain. With the rise of Black Friday, Boxing Day sales and January sales, it’s easy to be tempted into splurging. This year, American shoppers spent a record


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Author: Penniless Parenting

A word of caution for cohabitees without a will

Non-married couples get a raw deal under English law when their relationship ends, regardless of how long they lived together.

As a family lawyer specialising in cases involving claims against estates under the Inheritance Act, I am regularly consulted by clients whose partners have recently died and who feel that they have not received a fair share of their loved one’s estate if anything at all.

Sometimes this is because the partner did not leave them anything but often it is that the deceased did not prepare a will. Without one, intestacy rules apply meaning that an unmarried partner is not entitled to receive anything. The estate instead passes to the deceased’s children or other relatives.

Unfortunately, some people still believe that they are common law spouses because they have lived together for a long period of time.  But the concept of a common law spouse does not exist in English law, except in some very unusual circumstances.

The bottom line is that if you are not married, you have less legal protection if your relationship ends through the death of one partner.

However, a recent High Court case has thrown the spotlight on claims brought by cohabitees against a late partner’s estate.

In Thompson v Raggott, the High Court ruled in favour of Joan Thompson’s claim for reasonable financial provision out of the estate of her late partner, Wynford Hodge.

Mr Hodge, worth £1.5 million, left nothing for Mrs Thompson or her four children. He felt that three of her children had taken advantage of him during his lifetime and instead left the estate to his friends – who were also tenants at one of his properties.

Mrs Thompson claimed she had been financially dependent on her late partner and had lived with him for approximately 42 years.

Following evidence from her GP, Mrs Thompson made it clear that she was in fact well enough to live at home alone, with an appropriate care package. Her claim was also supported by the fact that one of Mr Hodge’s properties had been purchased for the couple to move into after retirement.

The court decided to provide an outright transfer of the property to Mrs Thompson, rather than holding it on trust with a lifetime interest.

It is worth bearing in mind that most of the estate passed to Mr Hodge’s friends as per his will.  However, it is highly likely that Mrs Thompson would have received significantly more financial provision if she had been Mr Hodge’s widow rather than his surviving cohabitee as the law states that a widow or widower should receive a higher level of financial provision from an estate than a surviving cohabitee.

Cohabitees claims under Inheritance (Provision for Family and Dependants) Act 1975 are a complex area of family law and it is important you seek specialist advice if you think you have a claim over a former partner’s estate.

You can get in touch with me below or email theo.hoppen@stowefamilylaw.co.uk

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Author: Theo Hoppen