* Author Topic: LGBT Legal issues inc. Lesbian couples named on birth Certificates  (Read 90444 times)

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Offline NatGamble

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Hi Porsche

Whether your partner will be your child's legal parent depends  entirely on the paperwork you have signed at the clinic before IUI/ embryo  transfer.  If you have both already signed the parenthood election forms  (which it sounds like you have), that means that either of you has until  conception to give notice withdrawing your consent (there is a procedure for  this).  You can't withdraw your consent to your partner being a parent  after you have conceived so this is something you need to make a decision on  now.

As to the donor sperm, that's a tricky question.  Technically  neither of you 'owns' the sperm and only the donor has an absolute right to  dictate how it is used.  In practice, this will come down to negotiation  with your clinic, and it can be a delicate issue to handle.

Feel free to  contact us if you'd like some more specific advice on your options and what to  do.
 
Natalie

Read more: https://www.fertilityfriends.co.uk/forum/index.php?topic=300410.0#ixzz2ILGaT4wp

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    Offline Jowo

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    EDIT - retrospectively chosen to delete post

    Offline NatGamble

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    Nope - you just need to take your CP certificate to the birth registration.
    There are some issues for non CPs who conceive outside the UK, but it's not a problem for CPs

    Offline Beebo

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    Natalie - thanks for your advice.

    After a failed IVF and a three month break, we tried again with AI at home. Got the shock of my life to get a positive test yesterday.

    Hopefully this by-passes the whole legal quagmire the clinic was dropping us in... We are now free to arrange our own affairs!


    Offline NatGamble

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    Great news Beebo - many congratulations!

    Offline starrysky

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    Hi Natalie,
    My good friend is in a lesbian partnership (not civil partners), but is seperating from her partner.  She is birth mum to 3 children concieved via IVF after April 2009, partner is definately not on any of the birth certificates as parent, unsure about any paperweork signed at clinic but I have told my friend to check (the first child definatley nothing was signed at clinic) the other 2 is uncertain whether anything was signed.
    My friend seems to think that if partner wants PR (she wants this too and would sign for her to have it) that they have to be civil partners to apply, that really didn't sound right to me but don't want to confuse her even more by saying something that I am not totally sure of either.  Any words of wisdom?  If she wants specialist advice could she come to you via phone/internet and how much would an initial bit of advice cost?
    Thanks

    Offline NatGamble

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    Hi Starrysky


    I've just answered your post on the Ask a Lawyer page too so I hope you don't mind me repeating myself!


    The questions of financial responsibility, parental responsibility and contact are all separate.  Your friend's ex will only be financially responsible where she is a legal parent and that will apply in respect of any children conceived after 6 April 2009 where they both signed the parenthood election forms at the clinic (irrespective of whether your friend's partner is on the birth certificate).


    Whether she has parental responsibility depends on whether she was named on the birth certificate.  If so, she will have PR, if not then as a non civil partner she can only get via a residence order or adoption (both of which are potentially tricky, although possible, after a separation, depending on whether your friend supports it).


    It's complex stuff this, but we would be happy to advise your friend on her current position and options.  It's well worth being clear about how everything interrelates, since she could easily give away joint PR without affecting the financial position and that might not be the best course for her, depending on the circumstances.  We charge a fixed fee for initial advice (covering a meeting and a letter) - if you email me at [email protected] I can give you some further details to pass on.


    Best wishes


    Natalie

    Offline rainbows_treasure

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    Hi im having a panic as we have signed a form at the clinic so we are both down on the birth certificate as parents but dont have a copy of this atm and are not married but my friend who lives down south has been told from her clinic for a same sex couple to have both names on the birth certificate you must be married so Im a little confused and worried about what right and wrong as far as I was aware what we had been told was rite but now im unsure....please help....sorry if this has already been discussed in this forum xx

    Offline single.mummy

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    Hi
    I am not sure what your friend is referring to, however, I can tell you that my partner and I are not married and we are both down as legal parents on our boys birth certificates (not on our daughter's as she was born before the change in law). We also went through a clinic and signed all the relevant paperwork. I am not sure whether your friend is referring  to if you get pregnant using a known donor (outside of a clinic), but you should have no problems at all. Also when we registered the boys the registrar did not want to see any paperwork, we just clarified the situation and with DS2 it was very straight forward, I think they are getting much more used to it now. (more of a time consuming process with DS1 as the law had only recently changed and we were the first couple that the registrar had dealt with!)
    Good luck with it all.

    Offline rainbows_treasure

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    Thanku  :) so much 2mummies was starting to think we were goin have to get married in the next few months before our next ivf treatment we do want to get married but are hoping to have a wedding and naming ceremony together had a panic on still dont get why her clinic say one thing and ours the other but as long as I know dp can be named on birth certificate im fine with that..... now ive  just gotta fall pregnant  ^pray^ ^reiki^ xx