* Author Topic: LGBT Legal issues inc. Lesbian couples named on birth Certificates  (Read 90115 times)

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Offline nickidee

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Re: LGB legal issues
« Reply #90 on: 17/04/09, 09:09 »
we have all moved on so much legally in the uk in the last few years, there is much to celebrate! 
Amen to that - although it is undeniably frustrating when you are met with such ineptitude by social workers and cafcass. We seem to be constantly educating and informing the supposed officials on the law and have had similar experiences with inappropriate questions being asked about the anonymous donor.

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    Offline Twinmummy

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    Re: LGB legal issues
    « Reply #91 on: 17/04/09, 13:52 »
    Hi Nickidee - we had so many problems with Cafcass too - a complete joke. The really are the wrong sort of people to be dealing with these sort of 'adoptions'!

    are you all done now ?

    Offline nickidee

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    Re: LGB legal issues
    « Reply #92 on: 17/04/09, 14:04 »
    Our final hearing is 30 April  ;D - we have been incredibly lucky that our local authority have dealt with it quickly, albeit in an uneducated way.

    Offline Pink1970

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    Re: LGB legal issues
    « Reply #93 on: 3/06/09, 14:02 »
    Hi Natalie - I've been reading the posts with interest re legal issues and parental rights for non-birth mum. I wonder if you could clarify something for us. I'm 33 weeks pregnant with twins (and over he moon!). I want to ensure the maximum amount of protection for my partner. We have a civil partnership and live in Scotland. The twins' father is a known donor and we went through an NHS clinic where we live in Scotland. We do not intend to name him on the birth certificate and unfortunately because the wee ones were conceived before April 6th - I can't put my other half down on the birth certificate. The only reason we don't want to name our donor on the certificate is so as not to muddy the waters when hopefully my other half adopts the twinnies. He will be involved - but doesn't want parental responsibility.

    The good thing is that my partner and I are both approved adopters already. We got so far down the adoption process - but because of a legislative loophole that only exists in Scotland, same sex couples are till barred from fostering. This caused many problems with the process - so we took the other route, and now I'm happily pregnant.

    So that's the background - what I'm wondering is will the process be easier because my partner is already an approved adopter by our local authority - and is your pervious advice in the earlier postings apply in Scotland.

    I still intend to see a lawyer this week and make sure my will is water tight. So we have some piece of mind for my partner should anything happen to me before the adoption order can be granted.

    Any advice appreciated

    Many thanks

    Fiona

    Offline NatGamble

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    Re: LGB legal issues
    « Reply #94 on: 4/06/09, 13:20 »
    Hi Fiona

    I've just replied to you via email as well, but thought I should post here too for the benefit of anyone else.

    The rules on adoption law for same sex couples are different in Scotland from England and Wales.  Although as an English lawyer I can't deal with Scottish cases, I do have links with a good and friendly Scottish lawyer based in Edinburgh to whom I refer all my Scottish cases.  If anyone needs me to put you in touch, just let me know.

    Best of luck

    Natalie
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    Offline ragill

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    Re: LGB legal issues
    « Reply #95 on: 28/06/09, 11:28 »
    Hi everyone, i'm a newbie here and have got so much infomation, its great!!!

    My partner and i are in the position where we are using a known donor, he is doing an amazing thing for us and we are so grateful to him. We considered clinics but it was just too much money, and he said he could donate for us......anyway my questions are really about his NON involvement. He has his own family and he (and we) dont want him named as the father. We see him very little (apart from us now TTC) probably about once a year. I have thought very hard about my/our rights and the babys rights, what i understand is that if my partner and i are married before i have the baby she gets PR and i can put her name on the birth certificate????(is that right???) and then for her to have equally amount of rights as i do she then has to adopt???? is this right?

    Its so confusing, i hope i've made sense, any advice would be really appreciated

    Rachel x  ^hugme^

    Offline rosypie

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    Re: LGB legal issues
    « Reply #96 on: 28/06/09, 11:41 »
    as of april this year, if you and your partner are in a civil partnership when you conceive then she will be the legal second parent and she won't need to apply for PR or adopt or jump through any of those annoying legal hoops. there might be some paperwork you need beforehand though, i'm not sure.

    Offline katena

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    Re: LGB legal issues
    « Reply #97 on: 29/06/09, 21:02 »
    My understanding is.....assuming your get treatment through a clinic...

    If you are not civil partners both bio and non bio mothers need to fill out a form giving consent for the non bio mother to be classed as the 2nd parent.


    Direct quote from their site.... I am in a lesbian relationship and we are not in a civil partnership. We are planning to use donor sperm in our treatment at a licensed clinic on or after 6th April. How will the new parenthood law affect us?
    Both you and your partner will need to consent to the woman who will not give birth being the child’s second parent, in order for her to be legally recognised as such.  The new consent forms that will be used by clinics from 6th April, will allow you to make sure that both you and your partner provide the appropriate consents.


    The are forms available from HFEA http://www.hfea.gov.uk/730.html as well....so very handy!!


    However if you are CP's then you dont have to fill any forms out and non bio mother is considered 2nd parent.


    I am in a civil partnership and we plan to use donor sperm, or embryos created using donor sperm. This will take place on or after 6th April. How will the new parenthood law affect us?
    Your partner will automatically be recognised as the child’s second legal parent, unless she explicitly states that she did not consent to your treatment.  There is a section in the new consent forms that asks this question.
    If you have treatment using donor sperm or embryos created using donor sperm and your partner has explicitly stated that she does not consent to your treatment, she will not be the child’s second legal parent.  The child will have no second legal parent.


    I guess this may ALL go to pot if concieving at home with a known donor!

    Hope that helps

    karen



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    Offline lesbo_mum

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    Re: LGB legal issues
    « Reply #98 on: 29/06/09, 21:41 »
    if your in a CP the rules also apply for home insems i checked with Nat lol

    Offline whisks

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    Re: LGB legal issues
    « Reply #99 on: 30/06/09, 10:07 »
    hiya

    i took my forms into the clinic the other day, we had filled in both of those forms about giving consent to be legal parents even though we are in a civil partnership. i asked the nurse if we had needed to fill them in and she said everyone has to fill them in even heterosexual married couples. to be honest i don't really think it is necessary but it doesn't harm to fill them in anyway.

    whisks x