First same sex couple both named as parents on birth certificate
22nd April 2010 by: David Lillywhite
A lesbian couple have become the first same sex parents in Britain to be named as the parents on their child’s birth certificate following the Human Fertilisation and Embryology Act 2008 coming into force at the beginning of April.
The new legislation, which applied to couples in England and Wales beginning fertility treatment on or after 6 April 2009, confers legal parenthood on the biological mother’s female partner.
Natalie Woods and Elizabeth Knowles are shown as the parents on the birth certificate whereas, under previous legislation, only the child's mother Miss Woods and the biological father could have been shown as the parents. Instead of their child's biological father being listed as the child's other parent, Miss Wood's female partner is shown instead. Their daughter, Lily-May, was conceived via a registered sperm donor. In the past, Miss Knowles would have had to seek a Court order to be legally recognised as Lily-May's parent.
For same sex couples who conceive with donor sperm, the non-biological parent is now automatically recorded on the birth certificate unless there is a written objection. Lesbians who have IVF treatment can appoint their partner as a parent whether they are in a civil partnership or not.
Some pressure groups have argued that a child’s birth certificate should accurately reflect their biology. Josephine Quintavalle of Comment On Reproductive Ethics said: “Birth certificates should reflect how a baby is generated. In a culture that is obsessed with genetics, it is strange that when it comes to birth certificates, we are prepared to forget that. As much as you try and play around with terminology, the biology reflects what has happened and one day the child will ask about the father”.
Baroness Deech, chairman of the Bar Standards Board and a critic of the move to allow same sex couples to register a child's birth without any mention of the father said last month: “It puts the demands of the adults ahead of the rights of children to know and benefit from both sides of their genetic make-up”.
Recent legislation also allows same-sex and unmarried couples to apply for parental orders, making it easier for them to be recognised as the parents of surrogate children. As the law continues to change, it is important that prospective parents consult specialist family lawyers to ensure they are aware of all of their rights and responsibilities as they embark on the next major stage of their life.
The new legislation, which applied to couples in England and Wales beginning fertility treatment on or after 6 April 2009, confers legal parenthood on the biological mother’s female partner.
Natalie Woods and Elizabeth Knowles are shown as the parents on the birth certificate whereas, under previous legislation, only the child's mother Miss Woods and the biological father could have been shown as the parents. Instead of their child's biological father being listed as the child's other parent, Miss Wood's female partner is shown instead. Their daughter, Lily-May, was conceived via a registered sperm donor. In the past, Miss Knowles would have had to seek a Court order to be legally recognised as Lily-May's parent.
For same sex couples who conceive with donor sperm, the non-biological parent is now automatically recorded on the birth certificate unless there is a written objection. Lesbians who have IVF treatment can appoint their partner as a parent whether they are in a civil partnership or not.
Some pressure groups have argued that a child’s birth certificate should accurately reflect their biology. Josephine Quintavalle of Comment On Reproductive Ethics said: “Birth certificates should reflect how a baby is generated. In a culture that is obsessed with genetics, it is strange that when it comes to birth certificates, we are prepared to forget that. As much as you try and play around with terminology, the biology reflects what has happened and one day the child will ask about the father”.
Baroness Deech, chairman of the Bar Standards Board and a critic of the move to allow same sex couples to register a child's birth without any mention of the father said last month: “It puts the demands of the adults ahead of the rights of children to know and benefit from both sides of their genetic make-up”.
Recent legislation also allows same-sex and unmarried couples to apply for parental orders, making it easier for them to be recognised as the parents of surrogate children. As the law continues to change, it is important that prospective parents consult specialist family lawyers to ensure they are aware of all of their rights and responsibilities as they embark on the next major stage of their life.
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