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Who's the Daddy?

LAW IN ACTION
Light micrograph of a human egg (centre) about to be pierced by a micro-needle (left)
BBC Radio 4's Law In Action
Tuesday 21 October 1600 BST
On Radio 4 and online

Can the law keep up with the changing shape of the family - especially when Dad is a sperm donor?

It's widely believed there is rapid growth in unconventional families, made up of a birth mother, a non-birth mother, child and either a known or unknown donor dad.

But the rights and responsibilities of the various partners are complex and confusing.

They can vary according to whether there is a civil partnership involved, whether the donor is known or unknown, which names are on the birth certificate and on whether all parties have drawn up a written agreement between them.

We hear from two families who have confronted the issues in separate ways and get expert advice from solicitors Gill Butler and Caroline Falkus, who specialise in this area.

And we look ahead to major change to the legal relationships in these families in the form of the Human Fertilisation and Embryology Bill.

Nothing but the Truth

Four people are currently standing trial in relation to the murder of Cardiff prostitute Lynette White 20 years ago.

What makes the case unusual is that they are charged with perjury - and trials for this offence are relatively rare, especially when connected to criminal trials.

Peter Lodder talking on the phone.
Peter Lodder QC, chairman of the Criminal Bar Association.

We investigate why perjury cases are so unusual, with the help of senior prosecutor Gaon Hart and Peter Lodder QC, chairman of the Criminal Bar Association.

They explain that perjury prosecutions require corroboration - and a confession of telling lies alone isn't enough.

Nevertheless, the courts take the offence extremely seriously - and in one case, a perjurer received a six-year prison sentence.

It's a Guy thing

The latest celebrity divorce to hit the headlines is between Madonna and Guy Ritchie - and it's an unusual one as the wife has most of the assets.

Madonna and Guy Ritchie
Madonna and Guy Ritchie - the latest high profile divorce.

We discuss the split with specialist divorce lawyers Marilyn Stowe from Stowe Family Law and David Lister from Mishcon De Reya.

Marilyn Stowe says big celebrity cases like this one can give the public an impression that divorce is always "an absolute nightmare" - when the truth is that the process can be far less painful.

Your Comments

I am incredulous at the selfishness of the people you interviewed. The lesbian mother didn't like sharing her child with the natural father so she decided to have an unknown donor for her second child. Just what is this second child going to feel when its' sibling has a father but this child is not allowed one?

The gay father interviewed wanted children but didn't want the responsibility "24/7". How convenient that he can find another couple to look after his child!

While I applaud the advances in science that enable couples to have children, it was always going to open the door for others who just fancied having children no matter what their circumstances. The rights of the child just disappeared - as was shown in your programme; the child wasn't mentioned once.

Karen Burge

I feel you missed a huge area where the seem to be no prosecutions, that of those making false allegations. These could be of assault by a teacher or similar false allegations against teachers at the lower end of the scale right up to false allegations of rape at the upper end.

In the latter case there is probably political motivation in the lack of prosecutions. In the former category there is a lack of will to prosecute for reasons I do not understand. Many teachers' lives, careers and health have been ruined by false allegations with no retribution against those making those allegations.

Wik Bohdanowicz

Coming Up

They've just clashed over banks - but could the next dispute between Britain and Iceland be over an obscure lump of windswept rock in the middle of the Atlantic Ocean?

Contact the programme

If you have thoughts on any of the topics we've covered, or any other legal issues, you can contact us by email at lawinaction@bbc.co.uk, or by post at Law In Action, BBC White City, Wood Lane, London W12 7TS, or you can call us on 020 8752 5646.

Law In Action is broadcast on Tuesday 21 October 2008 at 1600 BST on BBC Radio 4.

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SEE ALSO
Sperm donor anonymity ends
31 Mar 05 |  Health
Embryology Bill: The key points
09 May 08 |  Health
Madonna and Ritchie confirm split
16 Oct 08 |  Entertainment

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