* Author Topic: Birth parent vs legal parent  (Read 1629 times)

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Offline Grace10704

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Birth parent vs legal parent
« on: 9/08/17, 22:44 »

I'd like to ask some thoughts on a bit of a complicated situation!

My cousin is married to her female partner.  She has recently discovered that her partner has been having an affair with a man & as a result is pregnant.  We don't yet know whether the man knows or what he would want in terms of parenthood etc.  However, given that my cousin has clearly not given "consent" in this situation (sorry can't think of a better way of saying that she's not agreed to this pregnancy!) what is her legal situation?  All the advice I can find says that she would be the legal parent (as non birth mother) but she does not want this as she has not agreed to the pregnancy.  In the best possible scenario the man takes legal responsibility etc and that's the end of it - but what's the worst case scenario if he claims or the partner claims he was a known donor to a same sex married couple?

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    Offline NatGamble

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    Birth parent vs legal parent
    « Reply #1 on: 6/09/17, 17:47 »
    Hi there. Your cousin will only be the second legal parent if she consented to the conception (which doesn't sound like she did) AND if the conception was by artificial insemination (which doesn't sound like it was the case either. If she isn't the other parent, then the biological father will be the baby's legal father in the usual way.

    Does that answer your question?

    Best wishes

    Natalie