LEGISLATION IS INTRODUCED TO PROTECT UNMARRIED COHABITANTS Essay

LEGISLATION IS INTRODUCED TO PROTECT UNMARRIED COHABITANTS - Essay Example Under the Children Act 1989, an unmarried mother has the sole parental responsibility over her children however this was amended under the Adoption and Children Act 2002 where parental responsibility shall be acquired by the father if he is registered as the child’s father; there is a parental responsibility agreement; or when the court orders that he shall have parental authority upon his application.  Under the Children Act 1989, an unmarried mother has the sole parental responsibility over her children however this was amended under the Adoption and Children Act 2002 where parental responsibility shall be acquired by the father if he is registered as the child’s father; there is a parental responsibility agreement; or when the court orders that he shall have parental authority upon his application.   The legislative pronouncement protecting cohabitation may be used by couples who are prescribed by law to marry by reason of legal impediment or public policy to cir cumvent the law. A case in point is B & L v the United Kingdom where a parent-in-law is prohibited from marrying their child-in-law unless both had reached aged 21 and both their respective spouses had died. B was L’s father-in-law, and they wished to marry. L’s son treated his grandfather, B, as ‘Dad’. However, upon application to the European Court of Human Rights (ECHR), it was ruled that the prohibition violates the right to marry notwithstanding its laudable and legitimate aim of protecting the family and any children of the couple. The prohibition was based primarily on tradition and considering the same situation, no legal prohibition exists when the couple would engage in an extra-marital relationship.   In fine, there are enough laws to protect the interest of unmarried cohabitants. They must only be vigilant in protecting their rights and interests so that they may not be unduly deprived of their rights and interests.... Under the Children Act 1989, an unmarried mother has the sole parental responsibility over her children however this was amended under the Adoption and Children Act 2002 where parental responsibility shall be acquired by the father if he is registered as the child’s father; there is a parental responsibility agreement; or when the court orders that he shall have parental authority upon his application.  Under the Children Act 1989, an unmarried mother has the sole parental responsibility over her children however this was amended under the Adoption and Children Act 2002 where parental responsibility shall be acquired by the father if he is registered as the child’s father; there is a parental responsibility agreement; or when the court orders that he shall have parental authority upon his application.   The legislative pronouncement protecting cohabitation may be used by couples who are prescribed by law to marry by reason of legal impediment or public policy to cir cumvent the law. A case in point is B & L v the United Kingdom where a parent-in-law is prohibited from marrying their child-in-law unless both had reached aged 21 and both their respective spouses had died. B was L’s father-in-law, and they wished to marry. L’s son treated his grandfather, B, as ‘Dad’. However, upon application to the European Court of Human Rights (ECHR), it was ruled that the prohibition violates the right to marry notwithstanding its laudable and legitimate aim of protecting the family and any children of the couple. The prohibition was based primarily on tradition and considering the same situation, no legal prohibition exists when the couple would engage in an extra-marital relationship.   In fine, there are enough laws to protect the interest of unmarried cohabitants. They must only be vigilant in protecting their rights and interests so that they may not be unduly deprived of their rights and interests. Any legislation that would be enacted would put the cohabitation relationship at par with marriage and civil partnership is a mockery to the institutions. It would further erode marriage and civil partnership and from the growing number of couples choosing to cohabit without the benefit of marriage or civil partnership, it is marriage and civil partnership that need protection. Unmarried cohabitation should be left alone to give the parties freedom to choose but they cannot invoke protection as this is a direct assault on the institutions of marriage and civil partnership.