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Do you have Children or want Children?

Know your Rights 

  

The overriding tenant of English law is to promote the welfare of children. The legal attitude to lesbian and gay parenting has progressed a long way in recent years with changes to the primary legislation and attitudes of interpretation from the Courts.

Civil Partners and Parental Responsibility

  • Civil partners are able to obtain parental responsibility for their partner’s children in a similar way to a step-parent in a heterosexual relationship. This means that civil partners can apply for parental responsibility agreements and orders. It also means that day to day practicalities can be shared such as both partners participating in decisions that affect their children e.g. providing medical consent to doctors.

  • Civil partners will have a legal obligation placed upon them to support children of the partnership if they separate even if they are a non-biological parent.

Childless Couples and Adoption

  • Gay couples are now leally entitled adopt a child jointly. The existence of a civil partnership can be a powerful factor for the authorities considering an adoption application as it demonstrates a similar commitment to that of marriage for heterosexual couples. It should be noted that choosing not to enter a civil partnership is not fatal to a successful application for adoption.

Sperm Donated Children

  • A child born to a women who used anonymous donated sperm has no legal father. The mother’s partner does not automatically become a parent and adoption is necessary. If the couple enter into a civil partnership the non-biological partner can apply for parental responsibility or indeed both adopt the child to make them legal parents. Any agreement made between the biological mother and the donor does not legally extinguish the donor's legal responsibilities. The mother’s partner can apply for parental responsibility or the couple can apply for joint adoption.

For legal advice regarding any aspect of a Civil Partnership please contact, Pauline Troy:

e: pauline.troy@blackfords.com

t: 020 8603 1757

m: 07917 784620

For details of all the legal services that we can offer our clients see www.blackfords.com or telephone 020 8686 6232