You work at a law firm that specializes in Family Law. You are consulted by a man with his male life partner. They explain to you that they had just had a baby through a surrogate and when they went to the Department of Home Affairs they were not allowed to register as the child's parents due to the fact they were not married at the time of the birth. You are tasked with researching the law on the rights of parents of children conceived through surrogacy. You have to focus on the rights of the parents (the couple that wants the baby), this will include any relevant Constitutional rights. You must choose whether you are researching the topic using the historical approach or the comparative approach (see explanation below)
Write a draft research proposal for a prospective post-graduate study on the topic setting out how the law deals with such issues. Focus on the legislative framework, law reform commission reports, case law and writings by scholars. When writing your proposal, you have two options in terms of research approach:
1) Write the proposal using the historical research approach. This means looking at the historical development of the law on the issue from a specific date in the past up to the present day. You will look at relevant case law and legislation that might have contributed to the law as it stands today.
