6 minute read
LEGAL
The hidden health risk in your home
Radon is a naturally occurring radioactive gas found in the ground. Some parts of the country are more likely to have higher exposure levels than others. The radioactive elements decay and transmit radiation which can cause damage to living tissues and increase the risk of cancer.
If you are thinking of purchasing a property, your conveyancer should include a search to reveal if the area is known to have high levels of Radon gas.
The Government advises that remedial action should be taken where any residential property has an average annual Radon level of 200 Bq/m3 or more. This is referred to as the ‘Action Level’. Some areas, including Northamptonshire, naturally have higher levels of Radon present. If there are high levels of Radon in the surrounding area, and you want to see if your property is at risk, detectors can be placed in two areas of your home for a period of 3 months. The detectors are then sent back to the provider who will analyse the results. The provider will advise of any suitable remedial methods should the levels be high.
If this occurs during the sale process. A buyer may wish to ask the seller for a financial retention pending the result of the tests to enable the transaction to proceed in the meantime. A retention is a sum of money held back from the purchase price and is designed to cover part or all of the costs of remedial action, should this be required as a result of the test. The terms of the retention and the ultimate responsibility for the cost of the works will depend upon what is agreed between the parties. It’s worthwhile checking with your conveyancer that these searches have been carried out.
For more information about Radon and its prevalence visit www.ukradon.org.uk/contact
Pauline Lindo Partner and family law expert
NORTHAMPTON 29 Billing Road Northampton NN1 5DQ 01604 622101
KETTERING 18 Brooklands Court Kettering Venture Park Kettering NN15 6FD 01536 523434 bmtclaw.co.uk
Parental responsibility and assisted conception via IVF or a donor
Nearly 60,000 people benefit from invitro fertilisation (IVF) and donor insemination in the UK every year. While the primary focus will be on having a healthy baby, it is important to consider your legal position as a parent.
“The legal position regarding parental responsibility differs according to the method of assisted conception used,” says Pauline Lindo family law expert. “It can even vary depending on where you go to get medical help, as licensed clinics provide more protection than unlicensed ones.”
What is parental responsibility? ‘Parental responsibility’ is a legal term which reflects the rights, duties and responsibilities you have for a child. If you are attending a clinic licensed by the Human Fertilisation and Embryology Act 2008 (HFEA), you should receive advice prior to conception. This is an ideal time to consider an agreement that establishes parental responsibility. Although preconception agreements are not legally binding, the courts have shown that they will give weight to them, when considering arrangements for children.
Who has parental responsibility after in-vitro fertilisation (IVF)? Where a couple is helped to conceive with their own egg and sperm, the parents are in much the same position as if IVF had not been used:
• if you gave birth to the child, you will be regarded as the legal mother and have parental responsibility; • if you are married to the mother, you will also have parental responsibility; and • if you are the father, but you are not married you will need to take steps to formally obtain parental responsibility.
If IVF involves egg or sperm donation, then the rules become more complex.
Who has parental responsibility after egg donation? • you gave birth to the child; you will be regarded as the legal mother even if you have used a donor egg; • you donated the egg; you have no automatic rights to parental responsibility. • you are the father, and you are married to the mother, you will have parental responsibility; • you are the female partner of the mother and in a civil partnership or married at the time of artificial insemination, you will also have parental responsibility. Where a same sex male couple uses an egg donor, this would be treated as a surrogacy and is beyond the scope of this article.
Who has parental responsibility after sperm donation? If conception has been achieved with sperm from a donor, the position will depend on whether this happened in an HFEA licensed clinic or informally.
If you gave birth to the child, you will be regarded as the legal mother and have parental responsibility, regardless of whether you have used a sperm donor.
Sperm donation in an HFEA licensed clinic • if you are the married spouse or civil partner, you will have parental responsibility so long as you provide consent; • if you are not married or in a civil partnership, you will need the mother to nominate you as the second parent by completing the correct forms prior to conception.
if you are the father, but you are not married you will need to take steps to formally obtain parental responsibility.
Sperm donation via unlicensed clinic or at home • if you are the married spouse or civil partner, you can be named as the second parent at birth registration and obtain parental responsibility; • if you are not married or in a civil partnership, the sperm donor will be considered the second legal parent and can register the birth and obtain parental responsibility if you both consent.
How our family solicitors can help It is best to obtain early specialist advice in order that the appropriate arrangements can be put in place. For further information, please contact Pauline Lindo in the family law team on 01604 622101 or email Pauline.lindo@ bmtclaw.co.uk
Unit 5 Darwin House, Corby Gate Business Park, Corby, Northamptonshire, NN17 5JG
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