* Author Topic: LGBT Legal issues inc. Lesbian couples named on birth Certificates  (Read 90118 times)

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Offline ragill

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hi nat/everyone

well me and me dp have finally done it and we're expecting!!!! (EDD 13/06/10)

so, we're not married but plan to. my question is, if we get married before beany is born can her name go on the birth certificate??? and also (dont know if i'm allowed to ask this) if the answer is no, can we 'play dumb' and get married quickly then protest innocence???? does this make sense.... ^idiot^

thanx for advice ladies, showers of baby dust to u all

rach xx

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    Offline NatGamble

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    Fantastic news - many congratulations!

    Assuming that you didn't conceive at a clinic, then you have to be civil partners at the time of conception for the parenthood rules to apply.  Getting married before the birth won't be sufficient I'm afraid.

    If you do miss the boat, all is not lost.  You can remedy things by going through the adoption process post-birth (and by signing a parental responsibility agreement which is a quicker stop-gap).

    Happy to help if you want some guidance on this.

    Natalie

    Offline ragill

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    Thanks Nat!
    always happy to hear from u! i have contacted u in the past and hopefully in the new year will contact u at ur firm for further advise on our situation.

    rach xx

    Offline motos

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    OK, I have an obscure question I think! We are in a CP, I'm british, my partner is from Argentina (with dual British/Argentinean passports). We are trying to conceive and I would be the birth mother. Would Argentina recognise my partner as legal parent, as she is on the birth certificate but not the mother?

    I appreciate you will have no idea about Argentina specifically, but I assume that there might be some common legal precedent - eg countries without their own gay marriage/CP laws don't recognise CPs, but those with their own, similar laws do (obviously this is paraphrasing and may even be wrong, it's just my impression!)

    The reason for asking is that we were wondering whether our child would be entitled to an Argentinean passport - if we were straight/partner was the birth mother, the child would get a passport if he/she lived there for a certain amount of time.

    Thanks

    Motos

    Offline NatGamble

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    Hi Motos

    Unfortunately there aren't any international treaties on these brand new parenthood laws, so we have just no idea at the moment the extent to which they'll be recognised in other countries.  It's a fantastic question for an Argentinian lawyer!

    Offline motos

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    OK, thanks for the reply!

    Offline leoaimee

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    we plan to have baby no 2 in the next couple of years, we hope to CP in uk or marry in spain next year ... would a marriage in spain count for us if we concieve in uk and give birth in uk

    love ax

    Offline nismat

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    Aimee, obviously I'm not the fount of legal knowledge that is Nat, but if you were conceiving at a clinic in the UK, then you don't have to be CP'd anyway, you'd still both be legal parents (you have to fill in various forms at the clinic to show that you haven't chosen to divert from this path), pretty definitely so if you gave birth in the UK.

    Offline NatGamble

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    Hi Aimee

    Yes, if you marry in Spain, you will automatically be treated as being civil partners in the UK.  You will then qualify as both being legal parents under English law, whether you conceive through home insemination or a clinic and wherever in the world you conceive.  If you register the birth in the UK, you can both be named on the birth certificate.

    As Nismat says, you can also be treated as joint legal parents as non civil partners, although only if you conceive at a clinic in the UK and sign all the right forms before conception.

    Hope that's of reassurance.  Best of luck with no.2 and the wedding plans!

    Natalie

    Offline leoaimee

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    ahhh thanks thats great!  ax