* Author Topic: LGBT Legal issues inc. Lesbian couples named on birth Certificates  (Read 90126 times)

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Offline mintyfaglady

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Re: LGB legal issues
« Reply #50 on: 4/09/08, 15:35 »
Ooh, Terri, you saying wills has reminded me that's something on my to do list! Natalie, is this something you could do for us remotely (i.e. by post, email etc?). I'd rather you than someone we don't "know"! If not, do you (does anyone) know of gay-friendly solicitors in West Yorkshire?

Minty
xxx

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    Offline NatGamble

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    Re: LGB legal issues
    « Reply #51 on: 5/09/08, 16:00 »
    Terri - Hoorah.  What brilliant news.  Loads of congratulations.

    Minty - with pleasure.  I do loads of wills etc remotely since I'm based in Bournemouth and my clients are all over the place.  If you email me direct, we can get things rolling.

    Natalie
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    Offline Twinmummy

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    Re: LGB legal issues
    « Reply #52 on: 22/09/08, 13:47 »
    Terri -

    I have just been reading this thread and was intrested to see that you have carried your partners eggs ! Firstly congrats on getting a BFP !! thats great news - we did the same - i carried my partners eggs - did IVF in may 06 fell first time with twin boys ! they are now 20 months old - i just havent come across many other people who have done it like that ! so its gr8 to find someone !

    where do you have your treatment - we had ours at the london womens clinic in harley street.

    We are also going through the adoption at the mo so we both have same parental rights ! when is your first scan? you may have twins !!!!! I had IUI last thurs so hoping for baby number 3 !! do preg test on 04/10 !!

    Offline TerriWW

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    Re: LGB legal issues
    « Reply #53 on: 22/09/08, 14:43 »
    Hi Twinmummy

    Nice to hear from someone whose done the same thing! We didn't actually plan it that way - we were planning to carry one each but we found my partner had problems with her womb lining so I became the 'surrogate' and it worked first time. Just one for us though - had the scan on friday. Ideal really as I would have worried more with twins - you know all the extra risks. We were treated at Midlands Fertility Clinic in aldridge where our first son was conceived too.

    I post on the LGBT site on the general chit chat thread if you fancy posting over there.

    Good luck with your IUI - fingers crossed!

    Terri

    Offline Twinmummy

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    Re: LGB legal issues
    « Reply #54 on: 22/09/08, 19:48 »
    thats great - how do i get there ! im new to this !! so please excuse me ! thats greats new , wheter you get one, two or even three but as you say more than one is of course an added risk not to mention the worry !! good luck during the pregnancy !  :)

    Offline leoaimee

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    Re: LGB legal issues
    « Reply #55 on: 23/09/08, 11:26 »
    https://www.fertilityfriends.co.uk/forum/index.php?topic=156893.0

    this is the link to the thread twinmummy but to find it just go to the gay and lesbian section and you should see it there its called general chit chat 1

    congrats on your twins!!!  how lovely!  good luck with your 2ww!   ^reiki^ ^reiki^ come and join the chat!   :)  aimee

    Offline juicy10

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    Re: LGB legal issues
    « Reply #56 on: 5/10/08, 09:23 »
    Hi Nat
    Ive been trying to do research and Im still getting confused on the legal issues me and my partner will have to deal with next year.

    I thought that if we were civil partnered, that made my partner automatically the child's other parent but so far I cant find anything to tell me that. Presently we are not married (civil partnered) but were going to register to that we are a proper family unit from before our baby is born. Can you simplify our options if there is any otheres than just applying for parental responsibility please?

    Also if that is the only way whether or not we are civil partnered when would be apply for parental responsibility and how long before she could adopt?

    And, sorry to go on, what rights does she have in regards of the birth certificate? We have agreed that the child will take her surname, would that be a problem?

    Vicki

    Offline rosypie

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    Re: LGB legal issues
    « Reply #57 on: 5/10/08, 11:47 »
    nat knows everything much better than  :) i but in the meantime...

    currently, only the mother's name goes on the birth certificate. you can give the child whatever surname you like.

    you can apply for PR as soon as the baby is registered. your partner does not automatically have PR rights but it's very simple if you're CP'd. you just go to an office and get a form stamped (office at the court i think?). we did this and i know it was simple, I just can't remember the finer details  :)

    there is an adoption thread somewhere in this (gay and lesbian) section. you can register your intent to adopt at 3 months and then at 6 you can adopt (although where we are there is a massive backlog of adoptions so nothing has happened for us yet).

    there is some bill they were talking about passing or that would allow second parent (who's not the father) onto the birth certificate and give CP automatic PR but i don't know whether it was agreed finally or when it would come into force.

    Offline NatGamble

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    Re: LGB legal issues
    « Reply #58 on: 6/10/08, 20:55 »
    Excellent summary from Rosypie and not a lot to add really, but just to reiterate:

    Being civil partners doesn't give you any rights automatically.  However, it does make it slightly easier for you to acquire rights.

    What you need to do is:

    1.  Once you are pregnant, make wills.  This protects whoever is the non birth mother by ensuring that she would have a right to look after your baby if whoever is the birth mother died (e.g. in childbirth).  This is the only protection measure you can take before the birth.

    2.  Once your baby is born and you have a birth certificate, you can acquire parental responsibility for the non-birth mother by signing an agreement (available at http://www.hmcourts-service.gov.uk/courtfinder/forms/cpra2_1205.pdf).  You have to be civil partners to do this.  You just need to pop into your local family court and a clerk in the office will witness your signature on the form.  The non birth mother then has parental responsibility (i.e. legal authority to act as a parent and to make decisions etc), though not full legal parenthood.

    3.  Apply for adoption to give the non birth mother full and permanent parental status.  You can do this whether or not you are civil partners.  As Rosypie says, the process involves giving notice to social services (which you can do immediately after the birth) and then applying to court for adoption.  The timing works as follows:  you have to wait at least 3 months after giving notice to social services before submitting your court application, and you cannot submit your court application until your child is 6 months old.

    The Human Fertilisation and Embryology Bill 2008 which is currently going through Parliament will, in the future, allow both mothers to be named on the birth certificate.  Both will then have full and equal parental status from conception and none of the steps above will be necessary.  However, the Bill will only apply to children conceived after it becomes law, which is currently expected to be toward the end of 2009.

    I hope that clarifies.

    Good luck

    Natalie

    Offline ems832

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    Re: LGB legal issues
    « Reply #59 on: 4/11/08, 03:19 »
    Hi just wondering if there are any special legal steps I should think about if we go abroad for DI........ ??