* Author Topic: LGBT Legal issues inc. Lesbian couples named on birth Certificates  (Read 90125 times)

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Offline TerriWW

  • Sr. Member
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Hi Nat

I expect this has been asked before! I'm trying to find out if my partner has legal parental responsibility of our two children.

Angus was born june 05 and Romy was born March 09. I'm the birth mother. We had our civil partnership in Feb 09. Does the civil partnership automatically give her PAretnal responsibility or do we have to still get a parental responsiblilty order.

Thanks

Terri

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    Offline NatGamble

    • Legal Team
    • *
    Hi Terri

    No, your partner doesn't automatically have parental responsibility, but you don't need an order either - you can get PR for her by signing a step parent PR agreement.  There's some more info about what to do (with a link to the form you need) on our website at:

    http://www.gambleandghevaert.com/page/children-conceived-2/6/

    Best of luck

    Natalie


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    Offline BecsW

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    Hi Nat,
    Wondered if you could answer a question for us? We had our Civil Partnership in Jan 2009 and conceived in June 2009 through a clinic using a known donor. At the clinic we both signed consent forms for my partner to be recognised as second legal parent. Can you let us know what process we need to take when we go to register our baby's birth (we live in quite a small town and wouldn't be surprised if we are the first same sex couple registering our baby's birth at this registry office, so wanted to make sure we know the process for ourselves). Do we need to take our Civil Partnership certificate and if so is this all we need to take or do we also need to take our consent forms,
    Thanks in advance,
    Becs and Helen

    Offline NatGamble

    • Legal Team
    • *
    Hi Becs and Helen

    As you were civil partners when you conceived, then technically all you need is your civil partnership certificate, and the clinic consent forms you signed were superfluous.  However, in practice I'd suggest you take everything along with you and show it all to the registrar.  The registrars have all received training on the new rules so should know what they are doing.   :)

    Any problems, let me know, but I'm sure you'll be fine.

    Best of luck with the rest of the pregnancy.

    Natalie

    Offline starrysky

    • Gold Member
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    • Our journey began in 2002
    Hi,
    I wonder if anyone could clear up a bit of confusion for us?  ^idiot^
    I had a son by IVF in 2006, DP got a parental responsibility order in 2007, we also became civil partners prior to the birth in 2006, but I was pregnant at the time.
    DP is currently having IVF through a clinic, so should she be sucessful we have signed the necessary forms for us both to be acknowledged as legal parents on the birth certificate - DP is keen to adopt our son and we applied last year, currently in the assessment process.
    Our question is: Does she just adopt him or is it better to both adopt him, our social worker asked which we wanted to do, partly due to a bit of an unclear explanation of the implications of each, partly as it seemed easier and partly as it feels ridiculous for me as bio-mum to adopt my own child so far we have said just DP!    ::)  What is the best way to go with this?  What would be the closest thing, in terms of what is on the birth/adoption certificate to the documents any future child would have.  Is the original birth certifcate invalid in both circumstances?
    Confused!!!We would be grateful for thoughts on this.
    Starrysky & Crazycat

    Offline Twinmummy

    • Sr. Member
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    • Me and my boys
    Hello StarrySky And CrazyCat !!

    Its all so confusing isnt it !!

    When DP 'adopted' our children back in 2008 only SHE had to adopt them as me being the birth mother i was already a legal parent so no need to adopt them.

    Although we received 'adoption' certificates for them both to say 'that they are now fully fledged members of the osborne family' i believe their birth certificates to still be valid as their names did not change in any way.....  I changed my name by deed poll (to my partners surname) before our boys were born so we all had the same name on birth certs. will your childrens name be changing ??

    I hope ive cleared something up for you and i hope im right re birth certs!

    Nina

    Offline rosypie

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    i was pretty sure that whichever way you did it, the adoption certificate that shows both of your names as parents replaces the original birth certificate. it is confusing.

    Offline starrysky

    • Gold Member
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    • Our journey began in 2002
    Thanks for your replies........ :)

    Adam's name will stay the same as we both had the same surname from when I was pregnant.

    Maybe we'll ask the social worker again on Friday, cant believe that's come round again! And right in the niddle of the 2WW

    Starrysky and Crazycat


    Offline Mable

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    Hi girls,
    Good luck in your 2ww.

    The adoption certificate has a section for parents and then both your names are there. This certificate is the one you use, the original birth certificate is then invalid. It will look similar to the one you will hopefully get for your next child with you both named on it as parents but the adoption one does say adoption certificate and is obviously dated much later than the child's birth.

    Very hopeful for you both x

    Offline NatGamble

    • Legal Team
    • *
    Hi there

    Just to explain this one and hopefully clear up the confusion.  Until 2006, you could apply for adoption as a single person or as a couple, and any adoption order automatically extinguished the birth status of all the natural parents.  So in old-style heterosexual step parent adoptions (e.g. where mum and step-dad were adopting to extinguish bio dad's status), they would have to apply to adopt as a couple and both would then become adoptive parents.  The adoption order would extinguish both birth parents' natural status and override it with adoptive status.

    In 2006 they changed adoption law and this did two things:  it allowed same sex couples to apply to adopt for the first time, and it created a new possibility of partner adoption.  This allowed partners to apply to adopt without extinguishing the birth status of both parents (essentially they replaced one birth parent, but their partner retained his/her natural status).

    Historically, this now leaves you guys with two options:

    1) You can jointly apply for adoption, in which case birth mum's natural rights are extinguished and you both become adoptive parents, or
    2) Non-birth mum can apply for a sole adoption order as birth mum's partner, which extinguishes dad's legal status (if there is a dad) but leaves birth mum's status intact.

    In practice, it's all a complete technicality, since the ultimate outcome is an adoption certificate which supersedes the birth certificate and names you both as the parents anyway (without any reference as to whether you are a birth or adoptive parent).  Either way, you will both be full and equal legal parents.

    All it makes a difference to is how you fill in the forms - jointly or just in the name of the non birth mum.

    Hope that helps!

    Natalie