* Author Topic: LGBT Legal issues inc. Lesbian couples named on birth Certificates  (Read 90445 times)

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Offline tinabean

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  • Me (f) 42, Partner (f) 40
Thanks Natalie - you have put our minds at rest.
 

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    Offline SANFRAN06

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    we are still waiting for my wife to adopt our sons! they are 4 in august and we applied to herts social services 3 years and 2 mnths ago! Our best friends had a baby 3 mnths ago and they are both named on the birth certificate. Surely it should be easier for us to do  now laws have changed???

    Offline NatGamble

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    That's terrible SanFran.  Why don't you whack your application into the court and get a judge to set a timetable?  You are only legally required to wait three months after notifying your local authority before you can make your court application, and it sounds like you've waited quite long enough already!

    Offline kamelahee33

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    I know that a lot of the questions answered / asked here are according to UK laws but do you or anyone else for that matter, possibly have a reference to a lawyer in Frankfurt Germany? I am American my wife is Germany and I will be the one to carry. We are married here legally or as they call "lebenspartnershaft" / life partnership. However as most know US does not recognize us at all (bi national couples). We need help in finding legal advice because parentage is not automatic. Before we even start making any appointments at any clinics, we would like to have all our legal affairs in order to ensure our family is secure on all counts. I have looked at the embassy / consulate website and it is not that helpful nor emailing helped me. Just a bunch of links I have read a thousand times.  :P Looking forward to any feedback :)

    Offline NatGamble

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    Hi Kamalahee33


    I have sent you a PM with some info.


    Best of luck


    Natalie

    Offline kamelahee33

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    Thank you very much! :)

    Offline CherryMarie

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    • SSC trying to conceive
    Hi all,
    I was after a little advice as I'm a little confused as to how our situation would work legally. My partner and I are starting the process of becoming parents. We have been to a consultation at a fertility clinic and have been approved for treatment. We are being treated as a couple however, we are engaged but not CP'd yet. We are using a known donor for our treatment (a single gay man) who would like to have some slight involvement with any resulting child, and are currently getting him set up as a donor at the clinic.

    Now we are slightly confused as to where my partner and the KD stand legally as the second parent. Obviously I want my partner to be the legal second parent as we are intending to have a lovely family together but KD has mentioned he would like his name on the birth certificate so baby would 'know where s/he came from' but I understand there are certain consent forms that we will have to sign before treatment. Will the KD then be seen as any other donor or could he ask to be seen as the 2nd legal parent??


    Offline Candy76

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    CherryMarie, I hope someone who knows what they are talking about will respond to your post.

    It is my understanding that a child can only have two parnets. So, if your KD is named on the birth certificate, then your DP can have some sort of rights - I suppose similar to grandparents - but I think in order for DP to be the second parent at some point in the future, your KD would need to give up its parent role. No idea how this works. Sounds tricky and seems completely pointless to me if you know the core family will be you, DP and kid with KD having a slight involvement.

    As you say, when you go through a clinic, they will give you consent papers to sign. DP can be named on the birth certificate if you and your DP state that you both intent for DP to be the legal parent. See below link:

    http://www.nataliegambleassociates.co.uk/page/children-conceived-1/5/

    I think if I was you I would want you and DP to be on the birth certificate so you both know where you stand legally and to come to some sort of arrangement with KD.

    If you are happy with your donor, you would of cause tell your kid where it came from. And being a lesbian couple there is no pretending you just go pregnant by yourselves. So, this doesn't sound like a good enough reason for naming KD on birth certificate. Plus it has huge legal implication.


    /links

    Offline ♥JJ1♥

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    • Thanks for all the bubbles
    My friend was a kd and copatents to a f/f civil partnershiped couple and the two women had to be named on birth cert and have parental responsibility he has the child stay over twice a week.

    Offline CherryMarie

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    • SSC trying to conceive
    Thank you Candy76
    Initially we had no idea about the implications of KD being named on the certificate, but after reading a lot online and from your answer we don't think it would be work all the legal hassle of naming him, if we were always intending for DP & I to be full time parents albeit with a little involvement from KD.

    Thanx again :)