Parentage, Parenthood and Parental Responsibility: Subtle, Elusive Yet Important Distinctions

Abstract

Judges and legal commentators frequently use the terms genetic parent and biological parent interchangeably as if they were synonymous. This chapter suggests that in social usage a meaningful distinction can be drawn between the ideas of parentage and parenthood which is not currently reflected in the law. It examines incongruity between the social and legal uses of these terms. While many people referring to parenthood would immediately associate it with the status held by the child's genetic father and mother, others might well associate it with those who are acting out the social role of parents by looking after a child. Parental responsibility does not include the wider legal effects of parenthood. What makes the legal situation so complex is that genetic parentage, legal parenthood and parental responsibility may be split between different individuals or institutions in relation to a particular child.

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