Securing lesbian parental rights

two mothers and a childMany non-birth mothers in same-sex relationships are now treated as joint legal parents immediately from birth (see parenthood for lesbian non-birth mothers).  However, if you have children conceived before 6 April 2009, or otherwise fall outside the rules, you will only have parental status if you take steps to secure it.

How do I apply to adopt my child?

The most complete solution is to apply for step-parent/partner adoption.  This gives you full and permanent legal status as a parent, as well as shared parental responsibility, and puts you in the same legal position as your partner. It also extinguishes your child's father's status (where relevant).  Find out more about step-parent/partner adoption.

How do I aquire parental responsibility for my child?

You can also (or alternatively) take steps to acquire parental responsibility, which does not affect the status of your child's father.  Parental responsibility gives you the right and authority to be involved in decision-making about your child, for example giving consent to medical treatment and being involved in decisions about education and religion. It does not give you the legal status of a parent for the purposes of inheritance, British nationality or financial responsibility (although you may be financially responsible via a marriage or civil partnership).  Find out more about acquiring parental responsibility.

The importance of putting a will in place

Where only one partner has parental status, a well-drafted will can ensure both that the non-birth mother has a continued right to care for your child if the birth mother dies, and that your child has a right of inheritance from you both.  Find out more about guardianship and wills.

Securing your status if there is a dispute

If you have separated from your partner and wish to acquire parental rights without her agreement, or if you are in dispute with your child's biological father, the law is more complex.  Find out more about disputes between same-sex parents and known donor disputes

Have we answered your question? Would you like advice on your personal circumstances?

Email us at hello@ngalaw.co.uk or call on 020 3701 5915 and we will explain how we can help.