CAP Graduate Program Coordinator

Mary Welstead

CAP Visiting Scholar Mary Welstead, an expert on family law and related issues, has joined us from the Univ. of Buckingham. She participates in a range of CAP activities, and recently lead a CAP brown bag lunch discussion on forced marriage.

Mary Welstead, CAP Fellow and Graduate Program Coordinator, assists CAP in its Graduate Program activities.  She is also a visiting professor at the University of Buckingham in the United Kingdom.  During the academic year, Professor Welstead provides support to Graduate Program students interested in child advocacy issues and hosts CAP’s Working Paper Lunch Series.  She also helps select candidates interested in becoming CAP-affiliated Harvard Law School Visiting Researchers and Visiting Scholars.  Such candidates should contact her at: cap@law.harvard.edu.

Professor Welstead has a longstanding interest in all aspects of family law. She obtained her PhD in law from Trinity College Cambridge UK, and has written extensively in the field of family law. In addition to her current appointments, she has held visiting appointments at McGill University in Montreal, the University of Cambridge UK, and the University of Warwick UK. She has lectured on family law to lawyers and the judiciary in Malaysia and Sri Lanka and from 2003-2008 helped to set up the new university, SSST, in Sarajevo.  Her major research interests in the field of family law relate to the rights of children and parents after surrogacy and medically assisted reproduction, post divorce family financial provision, law in a multi-cultural society, and forced marriage in the UK. Mary is a member of the International Society of Family Law.
A selection of publications:

  • ‘Not About Eugenics-A Court Ordered Sterilisation’, [2015] Family Law 732
  • ‘The Parenthood War: Biological Fathers, Lesbian Mothers and the Best Interests of Their Children’, [2015] Family Law 431
  • ‘Step By Step: the Slow Road to Same-Sex Parenthood in France’, [2015] International Family Law 134
  • ‘Transgendered Persons: Children and Birth Registration’, [2015] Family Law 1001
  • ‘A Unique Route to Fatherhood’, [2015] Family Law 470
  • ‘…Was from his mother’s womb untimely ripp’d… (Macbeth Act 5, scene 8) Court-Ordered Caesarean Births’, [2015] International Survey of Family Law
  • ‘International Surrogacy – The Arduous Journey to Parenthood’, [2014] Journal of Comparative Law 298
  • ‘A Judicial Glide Through the Minefield of International Surrogacy’, [2014] Family Law 1299
  • ‘Parented At Last: Mennesson v France (65192/11); Labassee v France (65941/11) [2014]’, International Family Law
  • ‘This Child Was Made for You and Me: the Cry of the Non-Biological Lesbian Mother’, [2014] Family Law
  • ‘The Battle for Parenthood – Lesbian Mothers and Biological Fathers’, in Atkin, B (ed.), International Survey of Family Law 2013 Edition (Jordans, Bristol, UK)
  • ‘Mariage Pour Tous? Marriage and Relationships of Affinity in France’, [2013] International Family Law
  • ‘The Criminalisation of Consensual Sexual Relationships Between Adult Siblings and Human Rights – Stübing v. Germany  – European Court of Human Rights, 13 April 2012 (application no. 43547/08)’, [2012] International Family Law
  • ‘Divorce in England and Wales – Time for Reform’, Denning Law Journal (2012)
  • ‘The Sharing of Pre-Matrimonial Property on Divorce’ [2012] Family Law
  • ‘This Child Is My Child; This Child Is Your Child; This Child Was Made for You and Me; Surrogacy in the UK’, in Atkin, B. (ed), The International Survey of Family Law 2012 Edition (Jordans, Bristol, UK)
  • ‘For to the One Who Has, More Will Be Given, and He [She] Will Have An Abundance…’ [2011] Family Law
  • ‘I Want To Go Home; Please Let Me Go Home: International Relocation’, in Atkin, B (ed.), International Survey of Family Law 2011 Edition (Jordans, Bristol, UK)
  • ‘This Child Is My Child; This Child Is Your Child; This Child Was Made for You and Me; Surrogacy in the UK’, in Atkin, B. (ed), The International Survey of Family Law 2010 Edition (Jordans, Bristol, UK)
  • Family Law (3rd ed) (OUP) March 2010
  • ‘The Family the Law Forgot’, in Atkin, B. (ed), The International Survey of Family Law 2009 Edition (Jordans, Bristol, UK)
  • ‘Forced Marriage – Bifurcated Values in the UK’, Denning Law Journal (2009)
  • ‘The Virtue of Virginity’, New Law Journal (January 2009)
  • ‘Anonymity and Adoption – A Clash of Rights’, Denning Law Journal (2008)
  • ‘When Did You Last See Your Father? Disputes Relating To Paternal Contact’, in Atkin, B. (ed.), The International Survey of Family Law 2008 Edition (Jordans, Bristol UK)
  • ‘Vulnerable Adults: The Inherent Jurisdiction and the Right to Marry: Re SA (Vulnerable Adult with Capacity: Marriage)’ Denning Law Journal (2007)
  • ‘Who Are My Family?’ in Atkin, B. (ed.), The International Survey of Family Law 2007 Edition (Jordans, Bristol UK)