* Author Topic: LGBT Legal issues inc. Lesbian couples named on birth Certificates  (Read 90123 times)

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Offline NatGamble

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Hi all

From what I'm hearing from clients actually doing this, here is what you need to produce to the registrar when registering the birth:

If you were civil partners at the time of conception (and whether conception was at home or at a clinic) - your original civil partnership certificate.

If you were not civil partners at conception - Forms WP and PP, which must have been signed by each of you before your conception at a licensed UK clinic.

Natalie

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    Offline Hales :)

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    That's exactly what we were told - I've e-mailed the HFEA to ask whether you keep needing to get WP & PP signed for each treatment, they've said as long as your details haven't changed (i.e passport number, clinic, address) then no, they'll still stand

    Offline midnightaction

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    I was wondering if I could clarify something. Will my CP only gain parental responsibility if she is named on the birth certificate or will she automatically get parental responsibility just by being my CP alone.

    Let me clarify, my CP and I are separated and have been for 3 years but have not had our CP legally dissolved. This works fine for us because neither of us want to go through the legal process of getting it dissolved, I think that despite the fact we both have new lives we still kind like having that link to each other. Anyway I am having treatment now as a single person ( using donor eggs abroad) which my ex is fully aware of but she is not going to be a part of mine or my child's life, and I have no intention of naming her on the birth certificate (unless I have to legally???).My question is will she have an legal rights or responsibilities over my child just by being my CP? Could she have any say in the childs up bringing? Could the CSA ever go after her for any money if I ever claim any benefits in the future? I don't want to put her in any sort of position that could cause her future problems and I also don't want her coming after me for potential custody in the future should she decide to take it upon herself to go down that route. I don't for one second think she would ever do such a thing but I think I need to cover all bases.

    I know that the easy answer is to get the CP dissolved, and I know I sound a little crazy for not doing that but it is hard to explain but both of us still want to hold on to the one thing that once held us together , so I am looking for an alternative if that is possible.

    Also, I doubt it will make any difference but when CP and I got married we took on a double barrelled surname which I still use (she has gone back to her maiden name) and I intend to use that surname for my children as well, will using our "married" name cause a problem ? 

    Any help anyone could give would be great.

    Sarah x x

    Offline NatGamble

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    Hi Sarah

    This is potentially quite a complicated situation.  Your civil partner will be your child's legal parent and will have parental responsibility, unless it is shown that she did not consent to the conception.  In other words she is presumed to be a parent unless you (or she) can prove otherwise, and the burden is to prove that she is not a parent, rather than the other way around.  I would normally recommend that you create some evidence from the time of conception to help support you if there are any problems in the future, since otherwise the facts can become very blurred over time.  How best to do this will depend on your particular circumstances, and I would be happy to advise - feel free to email me.

    You may also want to think about sorting some other bits and pieces out e.g. updating your Will to provide for your child rather than your CP.

    Best wishes

    Natalie
    [email protected]

    Offline midnightaction

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    Nat

    Thank you so much for your help. :)

    It would seem that the only way to protect myself and my future child fully is to dissolve the CP and although not what I really want if it prevents future problems then it is something I am prepared to do.

    If I was to start the ball rolling on the dissolvement straight away I assume it would take 6 months or so to all go through, but my treatment is next month, so where would I stand with that if the treatment is successful. Would she still get parental responsibility as we were in the CP at the point of conception or would she not get it as long as the dissolution is completed by the time the baby is born? If I start the dissolution before the conception date is that a good thing or does it make no difference ?

    I can't delay treatment(nor would I want to) as I am doing DE and I have been waiting so long for this.

    Thanks again

    Sarah  

    Offline NatGamble

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    Hi Sarah

    There are things you can do to protect yourself and go ahead with your treatment asap.  The best course depends on the particular facts, and it's probably best to discuss this offline for reasons I can explain.  Feel free to email me or give me a ring.

    Natalie
    [email protected]

    Offline Zuzana

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    Hi,
    I already asked this question on another forum, where you also help people with legal issues and got a response, which I am grateful for, but I am still not very sure, if this would be the case in our situation.
    About us: Me and my partner are planning to become civil partners before trying for a baby hopefully next year. We are not British Citizens, but are from an EU country, so can work here legally without visa, have national insurance numbers etc. We are planning on staying here for good, so my question is: are we able to have our names on the birth certificate? would our baby even get a British birth certificate? I really do hope so, but I desperately need to find out if this is even possible for us. I would be devastated if not, but at least I would know...
    If anyone could help me with this, I would be eternally grateful. I did so much research already, but we are such a specific case (lol), that there is not much information on this anywhere. If you need any more information in order to help please feel free to ask!
    Thank you so much in advance for any responses:-)
    xxx
    Zuzana

    Offline Zuzana

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    Offline NatGamble

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    Hi Zuzana

    If your baby is born here in the UK, his or her birth will be registered here and the registrar will apply the rules of UK law which means that you can both be named on the birth certificate (assuming you qualify under the UK law rules). 

    There is currently no international harmonisation of law on the rules on parenthood for same sex parents, which means that your joint status is unlikely to be recognised elsewhere in the world, unless there is provision under a particular foreign law.  There are some complex private international law rules dictating which system of law applies for those in international family situations, and the application of these rules to same sex parent families is as yet almost completely untested.  However, as things stand, it seems likely your position will be secured at least here in the UK, even if the situation more widely is more unknown.

    Hope this helps!

    Best of luck

    Natalie

    Offline Brazil

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    Hi Nat
     
    We are TTC at the moment through a donor we met through a website and are doing home insemination's. When I get pregnant and have my child the donor will have no involvement at all. I am in a civil partnership and wanted to find out if we would need to get my partner to apply for adoption or if she can go on the birth certificate straight away. Based on our knowledge so far we understand that we would have to conceive through a fertility clinic if my partner was to be able to go on the birth certificate, is that right?
     
    Thanks for your help in advance.
     
    Brazil