* Author Topic: LGBT Legal issues inc. Lesbian couples named on birth Certificates  (Read 90109 times)

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Offline Twinmummy

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Thanks Nat , so does this mean i cant actually use my childrens birth certs for anything anymore i.e opening bank accs etc. Would i have to use their 'adoption certs' ?

I know the answer is probably yes but i just want to make sure. Of course its all good now DP is their 'legal' parent too but the whole birth certificate issue still grates on me !

Thanks
Nina

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    Offline starrysky

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    Thanks very much Nat - That is very clear now. ^bow^
    Starrysky & Crazycat 

    Offline Pixie Lolly

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    Hi Natalie,

    I'm new to this thread and whole support thing, so please forgive me if I sound ignorant. I was under the impression that because non-birth mums are able to register on birth certificates now, that that gives them as much right to be a parent as the birth mum. Is this right? My partner is having our first child (hopefully!) and I thought I just had to have my name on the birth certificate. Do I need to adopt as well? (We are making a will soon). Oh and we are using an 'unknown' donor.

    Any help would be appreciated.

    Thanks,
    Pixie Lolly

    Offline rosypie

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    yes, thanks nat. it's a shame they didn't change the law in time for us but a certificate with both our names on is what we want and if that means saying 'goodbye' to the birth certificate then so be it. it does grate a little on me too nina but i have to look at it like this - that the birth one is meaningless because it doesn't have DP's name on it, it doesn't reflect the true picture.

    hi pixie, if you conceived at a clinic now you will both be on the birth certificate, both be equal parents and there will be no need for you to adopt. the law only changed recently though so there are a lot of us who had children before who still have to go through the faff of an adoption, meaning we end up with an adoption certificate for our children.

    Offline summer_rain

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    What happens when you go to register the birth? 
    Do you need proof that you conceived at a clinic and if so what do you need?

    Offline NatGamble

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    Hi all

    @Twinmummy - Yes, the adoption certificate is now the 'valid' one (although I doubt anyone would question it anyway - come to think of it, I've just confirmed my youngest's school place and just took in his birth certificate when asked - it didn't even cross my mind to take the adoption certificate LOL!).

    @Pixielolly - Rosiepie's quite right: this adoption stuff is only relevant for those with children conceived before 6 April 2009 (and for non-civil partners who conceive outside a UK licensed clinic afterwards).  For most of those TTC now, you will both be legal parents automatically and won't need to apply for adoption.  There's more detail on how the law works (and what applies for who) for anyone who needs it free on our website at http://www.gambleandghevaert.com/page/Lesbian-couples/4/

    @Summer_rain - If you are civil partners, you just need to take your CP certificate; if you are not civil partners, you will need to take a copy of the consent to parenthood forms you signed at the clinic before you conceived.

    Hope that helps!

    Natalie

    Offline Pixie Lolly

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    Thanks Rosypie and Natalie. And thanks for the link. Very helpful xx  :)

    Offline Hales :)

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    You need to ensure that you both fill out the relevant forms (think they're on the HFEA website - you need the PP form and the WP form) before treatment at your licensed clinic commences.  You need to keep a copy and your clinic needs to have a copy.  When you register the birth you just need these forms as proof. We filled ours out last May before our last fresh IVF cycle, we don't need to fill another out unless any of our details changes for any subsequent cycle (I've checked this with the HFEA).

    Not heard of anyone having done this successfully yet - I'd have thought there would have been a bit of hoo-ha in the media once the first child with 2 legal mothers on its birth certificate was born - but maybe not!

    Offline summer_rain

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    Sorry.  I am still a bit confused.

    I can't remember if we signed one copy or two at the clinic.  My DP phoned the clinic and they sent us the original copy of the forms that we signed.  Does that mean that the clinic no longer has a copy and is that going to be an issue? 

    I don't want us to go to the registry office and me be on the birth certificate only for them to check with the clinic and them not to have any copies of the forms and for the birth certificate to be null and voided.  Not that I know if thats even possible but I just want to be certain its all done properly!   :-\


    Offline Hales :)

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    I've no idea, I'm afraid we haven't bee lucky enough to get that far, however:
    My partner signed form WP which is the form 'Your consent to your partner being the legal parent'
    and I signed the PP form which is the form 'Your consent to being the legal parent'
    It's my understanding that the clinic should have a copy, so may be worth making a photocopy and giving it them back.  I'm sure as long as you have a copy of the form when you register the birth wiht the clinic number on you'll be ok.

    That said, if you're in a civil partnership, there's no need for all this faff and you'll automatically be the legal parent