Tort Law provides a different approach to the study of tort. Written with students firmly in mind... more Tort Law provides a different approach to the study of tort. Written with students firmly in mind, it presents an engaging and accessible yet thought-provoking and critical account. Its analytical approach locates the law in its political and socio-legal context, exploring both practical and theoretical problems. The book's innovative use of pedagogical features (including 'pause for reflection' boxes and 'counterpoint' boxes) encourages students to engage with debates about the way tort law currently is and how it could be. Case boxes reflect the case-driven nature of tort, ensuring students are clear about the black-letter law. Chapter-opening problem questions are used to place the law in its practical context and to illustrate how to apply the theory. Annotated versions of the problem questions are placed at the back of the book to give students pointers on how to answer them, and outline answers are housed on the book's accompanying Online Resource Centr...
This chapter focuses on legal parenthood. It first considers how legal parenthood is determined w... more This chapter focuses on legal parenthood. It first considers how legal parenthood is determined when children are born following ‘natural’ conception. It then considers developments in assisted reproductive technologies, which often leave a wider pool of people who might potentially be parents, due to the separation of the biological processes of parenting as well as the social ones. The final part of the chapter looks at the legal concept of parental responsibility. This is different from and potentially wider than legal parenthood, which defines a relationship between children and their parents. Parental responsibility creates certain responsibilities in respect of the child, such as to provide a home for the child, and to protect and maintain them. Aspects of a child's life, such as choices in relation to education and medical care, also fall within the ambit of parental responsibility.
International Journal of Law, Policy and the Family
What are intended parents’ experiences of surrogacy, understandings of the law, and views on lega... more What are intended parents’ experiences of surrogacy, understandings of the law, and views on legal reform, and how do these compare with those of surrogates? We conducted an online retrospective survey of intended parents who had treatment with a gestational surrogate in two clinics between March 2014 and October 2021. The 61 respondents ranged in age, occupation, and household income. Generally, they reported higher household incomes than surrogates, though this was not universal. Just over half of the respondents were heterosexual, while almost half were in same-sex male couples. Most were White. Over half met the surrogate through a non-profit surrogacy organization or ‘online’. Most successfully established a pregnancy on their first surrogacy journey; in most of these cases, the surrogate delivered a child. Most respondents believed surrogates should not be the legal mother and there was general support for proposed reforms that would recognize intended parents as legal parents...
This comment piece explores the decision in Whittington Hospital NHS Trust v XX [2020] UKSC 14. I... more This comment piece explores the decision in Whittington Hospital NHS Trust v XX [2020] UKSC 14. It argues that despite notable shifts in public policy in respect of the acceptability of surrogacy as a means of family formation in the past twenty years, the Supreme Court has taken a step too far in deciding that foreign commercial surrogacy is as widely socially accepted. This impacts on the reasonableness of any claim for damages in negligence for the costs of commercial surrogacy. It is posited that the issue of whether damages for foreign commercial surrogacy are reasonable or not will be the key battleground in future negligence cases of this type.
This comment piece explores the decision in Whittington Hospital NHS Trust v XX [2020] UKSC 14. I... more This comment piece explores the decision in Whittington Hospital NHS Trust v XX [2020] UKSC 14. It argues that despite notable shifts in public policy in respect of the acceptability of surrogacy as a means of family formation in the past twenty years, the Supreme Court has taken a step too far in deciding that foreign commercial surrogacy is as widely socially accepted. This impacts on the reasonableness of any claim for damages in negligence for the costs of commercial surrogacy. It is posited that the issue of whether damages for foreign commercial surrogacy are reasonable or not will be the key battleground in future negligence cases of this type.
This commentary examines a series of high-profile surrogacy cases decided in 2015. Taken singly o... more This commentary examines a series of high-profile surrogacy cases decided in 2015. Taken singly or together, these cases serve to illustrate how the UK's law on surrogacy-in particular its provisions regarding eligibility for parental orders-is not only out of date but also becoming nonsensical. These problems culminate in an evident inability of the law to protect the best interests of children born through surrogacy and indicate strongly a need for reform.
As the law stands, provisions determining parenthood following surrogacy and other forms of assis... more As the law stands, provisions determining parenthood following surrogacy and other forms of assisted conception are inconsistent and reflect – intentionally or unintentionally – a perception that surrogacy is a troublesome, disruptive and less legitimate means of family formation than other methods. In arguing that the law regarding the award of legal parenthood following surrogacy arrangements should be reformulated to recognise pre-conception intentions and commitments to care, this article will attempt to provide an example of a way to iron out those inconsistencies, in part to ensure that some methods of family formation are not reinforced as being superior to others. It will argue that the recognition of the intention to parent should be used as a stable and consistent foundation for all parenthood status provisions in legislation governing assisted reproduction, in turn leading to a greater and easier recognition of ‘alternative’ family forms. It will also acknowledge that, wi...
Tort Law provides a different approach to the study of tort. Written with students firmly in mind... more Tort Law provides a different approach to the study of tort. Written with students firmly in mind, it presents an engaging and accessible yet thought-provoking and critical account. Its analytical approach locates the law in its political and socio-legal context, exploring both practical and theoretical problems. The book's innovative use of pedagogical features (including 'pause for reflection' boxes and 'counterpoint' boxes) encourages students to engage with debates about the way tort law currently is and how it could be. Case boxes reflect the case-driven nature of tort, ensuring students are clear about the black-letter law. Chapter-opening problem questions are used to place the law in its practical context and to illustrate how to apply the theory. Annotated versions of the problem questions are placed at the back of the book to give students pointers on how to answer them, and outline answers are housed on the book's accompanying Online Resource Centr...
This chapter focuses on legal parenthood. It first considers how legal parenthood is determined w... more This chapter focuses on legal parenthood. It first considers how legal parenthood is determined when children are born following ‘natural’ conception. It then considers developments in assisted reproductive technologies, which often leave a wider pool of people who might potentially be parents, due to the separation of the biological processes of parenting as well as the social ones. The final part of the chapter looks at the legal concept of parental responsibility. This is different from and potentially wider than legal parenthood, which defines a relationship between children and their parents. Parental responsibility creates certain responsibilities in respect of the child, such as to provide a home for the child, and to protect and maintain them. Aspects of a child's life, such as choices in relation to education and medical care, also fall within the ambit of parental responsibility.
International Journal of Law, Policy and the Family
What are intended parents’ experiences of surrogacy, understandings of the law, and views on lega... more What are intended parents’ experiences of surrogacy, understandings of the law, and views on legal reform, and how do these compare with those of surrogates? We conducted an online retrospective survey of intended parents who had treatment with a gestational surrogate in two clinics between March 2014 and October 2021. The 61 respondents ranged in age, occupation, and household income. Generally, they reported higher household incomes than surrogates, though this was not universal. Just over half of the respondents were heterosexual, while almost half were in same-sex male couples. Most were White. Over half met the surrogate through a non-profit surrogacy organization or ‘online’. Most successfully established a pregnancy on their first surrogacy journey; in most of these cases, the surrogate delivered a child. Most respondents believed surrogates should not be the legal mother and there was general support for proposed reforms that would recognize intended parents as legal parents...
This comment piece explores the decision in Whittington Hospital NHS Trust v XX [2020] UKSC 14. I... more This comment piece explores the decision in Whittington Hospital NHS Trust v XX [2020] UKSC 14. It argues that despite notable shifts in public policy in respect of the acceptability of surrogacy as a means of family formation in the past twenty years, the Supreme Court has taken a step too far in deciding that foreign commercial surrogacy is as widely socially accepted. This impacts on the reasonableness of any claim for damages in negligence for the costs of commercial surrogacy. It is posited that the issue of whether damages for foreign commercial surrogacy are reasonable or not will be the key battleground in future negligence cases of this type.
This comment piece explores the decision in Whittington Hospital NHS Trust v XX [2020] UKSC 14. I... more This comment piece explores the decision in Whittington Hospital NHS Trust v XX [2020] UKSC 14. It argues that despite notable shifts in public policy in respect of the acceptability of surrogacy as a means of family formation in the past twenty years, the Supreme Court has taken a step too far in deciding that foreign commercial surrogacy is as widely socially accepted. This impacts on the reasonableness of any claim for damages in negligence for the costs of commercial surrogacy. It is posited that the issue of whether damages for foreign commercial surrogacy are reasonable or not will be the key battleground in future negligence cases of this type.
This commentary examines a series of high-profile surrogacy cases decided in 2015. Taken singly o... more This commentary examines a series of high-profile surrogacy cases decided in 2015. Taken singly or together, these cases serve to illustrate how the UK's law on surrogacy-in particular its provisions regarding eligibility for parental orders-is not only out of date but also becoming nonsensical. These problems culminate in an evident inability of the law to protect the best interests of children born through surrogacy and indicate strongly a need for reform.
As the law stands, provisions determining parenthood following surrogacy and other forms of assis... more As the law stands, provisions determining parenthood following surrogacy and other forms of assisted conception are inconsistent and reflect – intentionally or unintentionally – a perception that surrogacy is a troublesome, disruptive and less legitimate means of family formation than other methods. In arguing that the law regarding the award of legal parenthood following surrogacy arrangements should be reformulated to recognise pre-conception intentions and commitments to care, this article will attempt to provide an example of a way to iron out those inconsistencies, in part to ensure that some methods of family formation are not reinforced as being superior to others. It will argue that the recognition of the intention to parent should be used as a stable and consistent foundation for all parenthood status provisions in legislation governing assisted reproduction, in turn leading to a greater and easier recognition of ‘alternative’ family forms. It will also acknowledge that, wi...
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Papers by Kirsty Horsey