* Author Topic: LGBT Legal issues inc. Lesbian couples named on birth Certificates  (Read 90117 times)

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Offline SANFRAN06

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Re: LGB legal issues
« Reply #30 on: 2/06/08, 21:08 »
Hi Nat
We are trying to understand the new HFEA bill that is currently going through paliament. If we enter a civil partnership before our children are born will this be recognised retrospectively once the bill is passed? We would obviously then rush to have a civil partnership in the next few weeks if it means in the near future my partner could be a legal parent without the need for adoption. We plan on having a civil partnership anyway but was going to wait until babies born and I can celebrate properly!!!!!!
thanks
K and J

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    Offline NatGamble

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    Re: LGB legal issues
    « Reply #31 on: 3/06/08, 18:39 »
    Sadly no - the new rules won't be retrospective so don't rush your CP.  They'll only apply to children conceived after the Bill is in force, which is likely to be sometime late 2009 so a way off yet.  They won't help you this time around, but may do if you have any siblings.  Give me a shout if you would like my help with sorting out PR and adoption.

    At least it means you can enjoy your CP more by not doing it when pregnant!

    Natalie

    Offline SANFRAN06

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    Re: LGB legal issues
    « Reply #32 on: 3/06/08, 18:45 »
    Thanks Nat,
    Thats really helpful. Is it not alot simpler to get PR at birth if we have had a civil partnership or is reasonably straight forward anyway? Also slightly concerned about if anything goes wrong at birth. Would my partner have more rights if we had a CP?
    Sorry o go on, just v confusing stuff.
    Many thanks
    K

    Offline nismat

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    Re: LGB legal issues
    « Reply #33 on: 3/06/08, 20:08 »
    K, Nat will reply with the definitive answer, but it is simpler to get PR after your babies are born if you're CPed. I don't think that it's that complicated if you're not, but it should definitely be a "no questions asked" affair if you are. Not everywhere knows the process though  ;)
    We got CPed a month before Toby was born, partly because we'd been intending to get on and do it for some time, but primarily so that Karen could easily get PR. Obviously I was heavily pregnant at the time, so we had a very quiet do with just family and a couple of friends, going out for a lovely lunch after (and I allowed myself some luscious dessert wine as a treat!). Our intention was to have a party later in the summer, to celebrate our CP, Toby's birth, and the PR, plus possibly a naming ceremony. We've yet to do any of that! Must get organised  ::)

    Offline Mable

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    Re: LGB legal issues
    « Reply #34 on: 3/06/08, 20:20 »
    Us too Tamsin. We've now shelved it until we manage to  ^bigbad^ conceive a sibling and do it all together with a naming ceremony. What are the chances of that though! I recon we'll be just too tired again.

    Offline SANFRAN06

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    Re: LGB legal issues
    « Reply #35 on: 4/06/08, 21:10 »
    Thanks Tamsin and Mable for your speedy replies! Obviously time is of the essence now. Goodness only knows why we have left it till now to organise. You can imagine the sIze of me now, let alone a few weeks time when we would do the CP!!
    We think we should go ahead just with our 2 best friends then celebrate next summer with our boys and a naming ceremony at the same time.
    Trouble is not sure where to start? will do some internet searching now.
    thanks again, we will keep you informed
    k and j x

    Offline leoaimee

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    Re: LGB legal issues
    « Reply #36 on: 5/06/08, 11:28 »
    Hi

    I was wondering if anyone knows whether you need to be resident in the UK to have civil partnership there?

    My partner and I (both British) don't live in the UK.  We are 'residents' in Gibraltar which has a similar legal system to the UK but also has some very archaic laws and currently doesn't recognise any same sex relationship.  I think because we live here we are a bit stuck legally in terms of securing any legal responsibility and rights for my partner. 

    We would really love the possibility for Gaby to adopt our future children but unless we move back to the UK i don't think that would be possible.

    Aimee

    Offline holly123

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    Re: LGB legal issues
    « Reply #37 on: 6/06/08, 14:07 »
    Hi Natgamble,

    I wondered if you could help. Me & my partner had our son 10 weeks ago. We would like to start the legal stuff a.s.a.p. and would like some advice on the best way to go about it. Where are you based and how can we make an appointment? how do your fees work?

    Offline NatGamble

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    Re: LGB legal issues
    « Reply #38 on: 6/06/08, 18:53 »
    Ok a few people to answer so here goes:

    @SANFRAN06 - If you are civil partners, you can get PR by signing a form (dead easy and free).  If you are not civil partners, the only way of getting PR is to apply to a court for a residence order (which means going before a judge etc).  You can adopt, once your baby is six months, whether you are civil partners or not, so I tend to advise non-civil partnered clients to skip the residence order and just go for adoption.  The only thing you can do to secure the non-birth mum's position before the birth is to update your wills - if birth mum appoints her as legal guardian in her will, then she will automatically get PR if birth mum dies.

    @AimeeGaby - I believe you only have to be resident in the UK for 7 days to register a CP - so you could do it (allowing for notice period etc) over a couple of weeks holiday.  Some British embassies abroad also allow Brits resident in the country in question to register a CP in the embassy - so check with yours.  Either way though, it might not give you many rights in Gibraltar if they don't recognise same sex partnerships, but at least it would if you came home.

    @Holly123 - Just email me at [email protected] and we'll set it up.  I'm physically based in Bournemouth but I act for clients all over the UK so can do things over the phone etc if it's too far for you to travel.  I work on a fixed fee basis wherever I can and I'll email you my fee list.

    Natalie

    Offline SANFRAN06

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    Re: LGB legal issues
    « Reply #39 on: 7/06/08, 23:11 »
    Hi Nat
    Thanks so much for your reply!
    We have decided to have a CP before the boys are born. Giving notice in 2 weeks. We will celebrate properly with all our family and friends next year. Just need the boys to hang on in there!!
    Thanks so much for all your advice, it relly has been appreciated.
    Maybe chat again in near future,
    K and J x