Registering birth, live birth, premature birth and surrogacy

Question 1

Define live birth?

Answer 1

Foetus exits maternal body and subsequently shows any sign of life, regardless of briefness of time, intactness of umbilical cord and placenta

Question 2

At what gestational stage does the foetus have to be, so that when it exits the mother’s body it is defined as a live birth?

Answer 2

Any gestational stage

Question 3

Give 3 examples of signs of life that a foetus presents with in a live birth?

Answer 3

Voluntary movement

Umbilical cord pulsates

Heartbeat

Question 4

Define full-term birth?

Answer 4

Born between 38-42 completed weeks of gestation

Question 5

Define premature birth?

Answer 5

Born alive before 37 completed weeks of pregnancy

Question 6

Define miscarriage?

Answer 6

Spontaneous pregnancy loss before 24 weeks gestation

Question 7

Can miscarriage occur at any time during the gestational period?

Answer 7

No, must be before 24 weeks gestation

Question 8

Define stillbirth?

Answer 8

Born after 24 weeks of pregnancy and did not at any time after being completely expelled from its mother, breathe or show any other signs of life

Question 9

Compare when a miscarriage and stillbirth can occur during gestation period?

Answer 9

Miscarriage: Before 24 weeks

Stillbirth: After 24 weeks

Question 10

Which act states the definitions of live, full-term, premature births and miscarriages, and which act was this amended by to include stillbirth?

Answer 10

Births and Deaths Registration Act 1953, which was amended by Stillborn (Definition) Act 1992

Question 11

Which act legalised surrogacy in the UK?

Answer 11

Surrogacy Arrangements Act 1985

Question 12

Define the role of the surrogate mother, and who does she hand the child over to?

Answer 12

Woman who carries a child in pursuance of arrangement made before she began carrying child and with view that child would be handed over to Intended Parents

Question 13

Is surrogacy enforced by the law in UK, and is this affected by whether the contract and expenses have already been completed?

Answer 13

Surrogacy is not enforced by law in UK

even if contract has been signed and surrogate expenses have been paid

Question 14

When a surrogacy contract has been signed, is parental authority immediately transferred to the Intended Parents?

Answer 14

No

Surrogate mother and husband are legal parents (have parental authority) unless/until parenthood is transferred to intended parents by parent order or adoption

Question 15

What are the 2 ways in which parental authority is legally transferred from the surrogate mother and her husband to the IPs?

Answer 15

Parent order

Adoption

Question 16

Who’s consent is required in order for IPs to apply for parent order of a surrogate child?

Answer 16

Surrogate mother must consent

Question 17

To apply for parent order of a surrogate child, must the IPs be genetically related to the child?

Answer 17

Yes

At least one IP must be genetically related

Question 18

If 2 IPs want to apply for parent order of a surrogate child, what must their relationship with each other be?

Answer 18

2 IPs in a relationship must be married/civil partners/living together

Question 19

How old must the surrogate child be, when IPs apply for parent order?

Answer 19

Under 6 months old

Question 20

At the time of application for parent order, should the surrogate child already be living with the IPs?

Answer 20

Yes, child must be living with them

Question 21

At the time of application for parent order, which one of 3 areas must the IPs permanently live in?

Answer 21

UK
Channel islands
Isle of Man

Question 22

What is the only way for IPs to become the legal parents of a surrogate child if they aren’t genetically related?

Answer 22

Adoption

Question 23

Which act legalised adoption in UK?

Answer 23

Adoption Act 1976

Question 24

If the surrogate mother isn’t married, how can the IP registered on the birth certificate?

Answer 24

IP who provided sperm can be registered on birth certificate as father

Question 25

Does the surrogate mother have a legal right to keep the child even if they aren’t genetically related (she isn’t the egg donor)?

Answer 25

Yes

Question 26

What legal right does the sperm donor have if surrogacy process is completed through a HFEA-licensed clinic compared to a non-licensed clinic?

Answer 26

HFEA-licensed clinic: Sperm donor isn’t legal parent of child

Non-licensed clinic: Sperm donor is legal parent of child

Question 27

Which 4 types of families can become IPs of a surrogate child?

Answer 27

Heterosexual or same-sex couples in a marriage, civil partnership or living together/co-habiting

individuals regardless of their relationship status

Question 28

What is the legal time frame for registering a birth in England and Wales, and where should it be registered and by who?

Answer 28

Within 42 days/6 weeks of the birth

At the local register office of area of birth

By legal parents (maximum 2)

Question 29

Who must register the birth, in a heterosexual couple who were married/civil partners at time of conception/birth?

Answer 29

Either parent can on their own

Question 30

If a heterosexual couple is unmarried, must both parents be registered on birth certificate?

Answer 30

No

Mother can choose to not register father’s details, but can be added at later date in re-registration

Question 31

Give the 3 situations in which an unmarried heterosexual has the father also registered on the birth certificate?

Answer 31

Both parents sign birth register together

Have prepared statutory declaration of parentage

Court-ordered parental responsibility of father

Question 32

In a homosexual female couple, if they were married/civil partners at time of fertility treatment, do they both need to register birth?

Answer 32

No

Either parent can register on their own if child was born through donor insemination/fertility treatment

Question 33

In an unmarried homosexual female couple, which one of 3 actions must they complete apart from being treated together by fertility clinic and having a ‘parenthood agreement’?

Answer 33

Sign birth register together

Complete statutory declaration of parentage

Court-ordered parental responsibility of second female parent

Question 34

In homosexual male couples, why must the birth mother be registered on the birth certificate?

Answer 34

Birth mother must be registered, as male parents can only apply for parent order 6 weeks after birth

Question 35

According to Children Act 1989, what is parental responsibility?

Answer 35

Legal rights, powers, responsibilities a parent has in relation to child and their property

Question 36

Is parental responsibility absolute?

Answer 36

Not absolute, must be in child’s best interests or state intervenes

Question 37

How many people can have parental responsibility over a single child?

Answer 37

Multiple

More than 2 (the legal parents)

Question 38

In a heterosexual married/civil partnership couple, does the mother or father automatically have parental responsibility, and how does this change after divorce?

Answer 38

Birth mother and father who are married/civil partners automatically have parental responsibility, retained after divorce

Question 39

In a homosexual female married/civil partnership couple, does second parent automatically have parental responsibility?

Answer 39

Second female parent who was married/civil partner to birth mother at time of conception has parental responsibility

Question 40

In an heterosexual unmarried couple, give examples of how the father can obtain parental responsibility?

Answer 40

marrying mother, registering name

making parental responsibility agreement with mother

court-ordered parental responsibility/residence order

becomes guardian when mother dies

Question 41

When does an adoptive parent gain parental responsibility in adoption process?

Answer 41

Upon adoption

Question 42

How must step parents gain parental responsibility?

Answer 42

Step parents gain court-ordered parental responsibility order

Question 43

How must foster parents gain parental responsibility?

Answer 43

Foster parents don’t have parental responsibility:

either remains with the parents or shared between the parents and Local Authority

Question 44

Do staff from child residential institutions have parental responsibility?

Answer 44

No