Asked by: Maya Ellis (Labour - Ribble Valley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether she plans to bring forward legislative proposals to allow a newborn child's father to have automatic parental rights over his child in light of the mother’s death during childbirth.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
The Government has no plans to bring forward legislation to grant automatic parental responsibility to a father in unfortunate circumstances where the mother dies during childbirth.
In England and Wales, a father only acquires parental responsibility automatically if he is married to, or in a civil partnership with the mother at any point between the conception or the birth of the child, or he subsequently marries or enters a civil partnership with the mother. In other cases, parental responsibility may be obtained through formal agreement with the mother, being named on the birth certificate, or a court order. The Government recognises that in cases where the mother dies during childbirth, the father, if not married to the mother at the time of the birth, may be unable to acquire parental responsibility through the usual mechanisms. In such cases, the family courts retain discretion to grant parental responsibility based on the child’s welfare and the circumstances of the case.
The Government is aware of the calls to broaden the parental responsibility measure in the Victims and Courts Bill to include instances where an individual has been convicted of rape and a child has been conceived as a result of that offence. We are carefully considering these suggestions as the Bill progresses through Parliament.
Asked by: Maya Ellis (Labour - Ribble Valley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he plans to bring forward legislative proposals to remove parental rights from convicted rapists to children conceived through rape.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
The Government has no plans to bring forward legislation to grant automatic parental responsibility to a father in unfortunate circumstances where the mother dies during childbirth.
In England and Wales, a father only acquires parental responsibility automatically if he is married to, or in a civil partnership with the mother at any point between the conception or the birth of the child, or he subsequently marries or enters a civil partnership with the mother. In other cases, parental responsibility may be obtained through formal agreement with the mother, being named on the birth certificate, or a court order. The Government recognises that in cases where the mother dies during childbirth, the father, if not married to the mother at the time of the birth, may be unable to acquire parental responsibility through the usual mechanisms. In such cases, the family courts retain discretion to grant parental responsibility based on the child’s welfare and the circumstances of the case.
The Government is aware of the calls to broaden the parental responsibility measure in the Victims and Courts Bill to include instances where an individual has been convicted of rape and a child has been conceived as a result of that offence. We are carefully considering these suggestions as the Bill progresses through Parliament.
Asked by: Maya Ellis (Labour - Ribble Valley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps her Department is taking to ensure that male members of staff are available if requested by callers to the Rape and Sexual Abuse Support line.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
Supporting victims and survivors of sexual violence and abuse is a priority for this Government.
The MOJ-commissioned 24/7 Rape and Sexual Abuse Support Line grant, delivered by Rape Crisis England and Wales, provides free and confidential emotional and listening support to all victims and survivors of rape and sexual abuse aged 16 and over, regardless of gender. Where appropriate, the service will signpost victims to longer-term support services, including therapeutic support.
Whilst it is not possible for callers to request the gender of their call handler, the service receives a high level of positive feedback from survivors of all genders, and call handlers receive extensive training to equip them to support all victims and survivors of sexual violence, regardless of any protected characteristics. The Department works closely with the provider to ensure the service remains responsive, inclusive and trauma-informed so that it can continue to provide high quality support.