When the relationship of a same-sex couple who have children breaks up, there can be a problem regarding the meaning of the word ‘parent’, because at least one of the couple will not be the biological parent of the children.
In a recent case, a lesbian couple, who were not civil partners, separated after 13 years. They had one child, who was conceived using an anonymous sperm donor. After the relationship broke down, a shared residence order was made.
The child’s biological mother wished to have a financial contribution from her ex-partner. When the issue of maintenance came before the court, the question arose as to whether her ex-partner was a ‘parent’ under the law. The judge ruled that simply granting a person parental responsibility (via a shared parenting order), does not necessarily make them a parent in law.
Whilst biology is an important factor in such cases, it is not the deciding factor. In another recent case, the biological father of a child born to one of a lesbian couple had a claim to be given parental responsibility denied because the court considered it was not in the child’s best interests.
Same-Sex Couples and Parenthood
The law regarding children conceived as a result of artificial means changed significantly following the introduction of the Human Fertilisation and Embryology Act 2008. If you are considering having a child by such means, it is very important to make sure the appropriate consents are signed. For children conceived before the Act came into effect, the law is less clear.
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
