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Many lesbian non-birth mothers 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, the non-birth mother will only have parental status if you take steps to secure her position. Step-parent adoption The most complete solution is to apply for step-parent/partner adoption. This gives the non-birth mother full and permanent legal sta...
If you have conceived through a co-parenting arrangement, you may want more than two people to have parental rights for your child. Legal parenthood Under UK law, a child can have a maximum of two legal parents. The law dictates who the legal parents are; this is not open to agreement between the parties. Find out more about how the law applies to co-parenting situtions. Adoption orders alter legal parenthood, but they are rarely used in co-parenting cases because they move rather...
Under UK law, a child's legal mother is the woman who carries and gives birth. Even if she is not the biological mother, the birth mother will have the same status as any other mother including: the right to be recorded as the mother on her child's birth certificate parental responsibility - the legal right to make and be involved in decisions about her child's care, including giving medical consent, and making decisions about education, religion etc financial responsibility - the dut...
Since 6 April 2009, UK law has protected lesbian mothers conceiving together. Where the rules apply, the non-birth mother is her child's other legal parent and has the same legal status as a heterosexual father. Married couples and civil partners A non-birth mother who is married to or in a civil partnership with the birth mother at the time of conception is automatically her child's other legal parent. The rules apply to conceptions after 6 April 2009 which take place through IVF o...
UK law protects heterosexual non-biological fathers conceiving with donated sperm. Married fathers A man who is married to the birth mother at the time of conception is automatically the legal father of his child. The rules apply to conceptions which take place with his consent through IVF or artificial insemination (not sexual intercourse), whether at home or at a clinic in the UK or overseas. A married father is named on his child's UK birth certificate and automaticall...
The law gives protected status to sperm donors, so that they cannot be held legally or financially responsible for any child conceived as a result of their donation. The rules apply only in certain defined circumstances which do not exclude the parenthood of all known sperm donors. Donation through a licensed clinic A sperm donor who registers with a UK clinic and donates his sperm to unknown recipients will not be the legal father of any child conceived. This means he is fully prot...
UK law says that the woman who gives birth is the only legal mother of a child. This gives egg donors protection against financial and inheritance claims, and means they have no parental rights or responsibilities. If the egg donor and parent/s do not know each other, the legal position is straightforward. Egg providers who are involved with the child If the egg provider is involved with the child, perhaps because she is a known donor or the birth mother's same-sex partner, the law...
Natalie's article discusses the legal limbo period after a child is born through surrogacy and the need to apply for a parental order to rectify this
Suzi's article, published by Lexis Nexis, reviews the cases heard by the President of the Family Division dealing with parenthood after sperm donation.
Richard's article, published in Bionews in June 2013, looks at the case of Re E and F (2013), in which a lesbian non-birth mother was held not to be a legal parent of her twin children, because procedures at the clinic had not been followed properly to nominate her as a parent.
Natalie's comment piece for Bionews, published in November 2010, looks at the case of T v B and reflects on why the changes recognising lesbian couples as legal parents are so important.
Natalie's article, published in Family Law (leading journal for family lawyers) in November 2010, looks at the case of T v B which held that a lesbian non-birth mother was not financially responsible for her child.
This article written for family lawyers and published in journal Family Law in August 2009, analyses the significance of the Human Fertilisation and Embryology Act 2008, asking whether it really does cater for the full range of diverse modern families.
Natalie's article, published in the Infertility Network UK magazine's for fertility patients in autumn 2009, looks at the changes to the law for lesbian couples conceiving together, which came into effect in 2009, allowing two women to be named on a child's birth certificate for the first time.
Natalie's article, written for family lawyers and published in Family Law Journal in December 2008, anticipates the implementation of the Human Fertilisation and Embryology Act 2008 and looks at what it will mean for same-sex couples conceiving together.
Natalie's article, published in lesbian magazine Diva in April 2008, was written while the Human Fertilisation and Embryology Bill was in the midst of its controversial passage through Parliament, and explains the issues being argued about and the proposed changes to the law (which were passed) for lesbian parents-to-be.
Following an HFEA audit several UK fertility clinics discovered that unmarried patients who had conceived with donor sperm had not properly completed the documents necessary to make the non-biological parent a legal parent.
Natalie wrote the legal sections of Stonewall's guide for professionals working with lesbian parents.
Natalie wrote the legal sections of Stonewall's well-known guide for lesbian couples considering starting a family together. It contains useful information on all the things to consider if you are thinking of starting a family.
A married woman had met a sperm donor via an Internet matching site and conceived a child. She pursued her child's biological father for child support, and there was a dispute over whether conception took place by artificial insemination or 'natural insemination'. After a fact-finding hearing, the court found that conception had taken place through intercourse and held the donor liable for child support and substantial legal costs.
The High Court held that a lesbian non-birth mother was not a parent after the couple failed to follow the correct procedures at the clinic to nominate her as a legal parent.
In a dispute over child support between former lesbian partners, the court was unable to make an order for the non-birth mother to provide financial support, because she was not a legal parent and not the birth mother's civil partner.
The Human Fertilisation and Embryology Act 2008 deals with parenthood law in surrogacy cases. Sections 33 to 53 set out who are treated as the legal parents when a child is born. Section 54 sets out the rules on parental orders.
The Human Fertilisation and Embryology Act 1990 sets out the rules giving legal parenthood to parents conceiving through assisted reproduction between 1 August 1991 and 5 April 2009.
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