Same sex
Parenting
Following the landmark
changes to same sex
marriages, it is reasonable
to assume there will be
more and more same
sex couples who will
want to start a family
of their own. Following
changes introduced by
the Human Fertilisation
and Embryology Act 2008,
same-sex couples can now
become equal legal parents
of children they conceive
together or conceive
through a surrogate. It does
appear that it is easier for
gay women to become legal
parents than it is for gay
men but this is presumably
down to the fact that usually
one party has actually given
birth.
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There are different options open to same
sex couples in becoming a ‘parent’ but
the most favourable option is usually
that of surrogacy. Surrogacy is the
process by which a child is carried
through pregnancy by a woman who
has entered into an arrangement made
before she started to carry the child
with the intention that, at birth, the child
and parental responsibility for it will
be transferred to another couple and
that those persons will become the
legal parents of the child. A surrogate
mother will carry the child and the
commissioning parents will be the couple
who enter into the agreement with the
intention that the mother will relinquish
her rights and they will become the
child’s legal parents. The surrogate
mother will remain the child’s legal
parent until such other order is made
by the Court. If the surrogate mother is
married her husband will also legally
become the child’s father.
The permanent transfer of legal
parenthood and Parental Responsibility
to the commissioning parents can only
be brought about by the making of an
Adoption Order or a ‘Parental Order’
under section 54 of the HFEA 2008.
Same sex couples may apply to the
Court within six months of their child’s
birth for a Parental Order. Such an
order, if successful, will relinquish the
rights of the birth mother and allow both
fathers full parental status. The child
will be awarded a new birth certificate
confirming both fathers names as ‘parent
1’ and ‘parent 2’, as opposed to Mother
and Father.
Though, there are strict protocols in
place for making such an application, as
follows;
• he same sex couple must be in a civil
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partnership;
• he Applicants must be 18 years of
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age;
The Court must be provided with the
child’s birth certificate and proof of the
genetic link between at least one of the
commissioning parents (by way of a
DNA test) as one of the commissioning
parents must have provided the genetics
to create the embryo. An arrangement
w here donor eggs and sperm have been
used will not be permitted;
• he child must be living with the
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commissioning parents at the time of
the application being made;
• ne Applicant at least should be
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domiciled in the UK;
• nd, any application must be made
A
within six months of the child’s birth.
Whilst the above list of conditions
are very strict and must be satisfied,