IN A GAY RELATIONSHIP, HOW ARE LEGAL PARENTAL RIGHTS OVER CHILDREN ACQUIRED?
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IN A GAY RELATIONSHIP, HOW ARE LEGAL PARENTAL RIGHTS OVER CHILDREN ACQUIRED?
A lesbian couple can have both names placed on the birth certificate immediately if the biological father consents to this before the child is born or they use a sperm bank.
If a gay male couple wish to have sole parental rights over the child, this can be done through adoption.? If your partner fathers a child, you will have to adopt the child in order to hold the same rights and obligations as a natural parent and be on a par with your partner.? Being in a Civil Partnership will be a factor that is taken into consideration when granting the adoption Order in your favour.? While not being in a Civil Partnership will not prevent an order being made, it will certainly be harder to persuade the local authority that adoption is in the child?s best interests.
As of 6 April 2010 however, the law is facing a significant transition as it is extending the right to apply for a Parental Order to same sex couples.?These Orders are designed specifically for when a surrogacy has taken place.? It is similar to an Adoption Order in that it reassigns parenthood but the significant difference is that an entirely new birth certificate is issued replacing the birth parent with that of the biological father and the intended parent.
This means that the intended parents are granted full recognition and status as the child?s parents with all the associated rights and responsibilities. This is huge change in the way in which the law sees and accepts gay couples as parents.
These are important changes in the recognition of same sex couples and their status as parents and it is quite clear that the law is evolving to offer gay fathers a secure foundation with which to bring up the child, with them acquiring the same status and rights as heterosexual couples and lesbians.? The pitfall is, as with any arrangement, the matter comes down to consent and therefore it is vitally important that if choosing a surrogate mother that advice is sought and your positions are clear beforehand to try and prevent any difficulties which may arise in the future.
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