LGBTQ+ Parental Rights

Building a family in today’s world is about love, agreement and collaboration. As an LGBTQ+ couple or individual, your journey to parenthood may look different from traditional paths, but that doesn’t mean it has to be complicated. We are here to ensure that your family is built on a strong legal foundation. We can make sure your LGBTQ+ parental rights are recognised and protected and support you in choosing the best option for your family.

There are a number of routes to parenthood available to you as LGBTQ+ individuals and couples. These can include assisted reproduction, including IVF, IUI, donor conception, and surrogacy. There are also co-parenting arrangements where two or more people agree to share parenting responsibilities, and adoption. The best option for you will depend on your personal circumstances and your legal rights as a prospective parent.

Fertility law can be complex and a fertility lawyer can help ensure that your parental rights are recognised from the outset; that you have legal agreements in place with donors, surrogates, or co-parents; you fully understand the legal implications of the different routes available to parenthood; and that you meet all the necessary legal requirements to become your child’s legal parent.

Assisted reproduction refers to medical techniques used to conceive a child. These include Intrauterine Insemination (IUI) where sperm is inserted directly into the uterus; In Vitro Fertilisation (IVF) when an egg is fertilised outside the body and implanted into the womb; and Reciprocal IVF – where one partner’s egg is fertilised and carried by the other partner in a same-sex female couple.

Surrogacy is an arrangement where a woman carries and gives birth to a child for someone else. There are two types – traditional surrogacy (where the surrogate’s own egg is used) and gestational surrogacy (where the egg comes from an intended parent or donor).

The surrogate is the child’s legal mother at birth and to become the child’s legal parents, the intended parents must apply for a parental order. This is essential for securing legal parenthood and full parental rights.

Donor conception involves using donated sperm, eggs, or embryos to conceive a child. If you use a licensed UK fertility clinic, the donor has no legal parental rights, and you and your partner can be recognised as the legal parents.

Although not legally enforceable, a surrogacy agreement outlines the expectations and intentions of both the intended parents and the surrogate. This helps ensure clarity and can be used as evidence in court if any disputes arise.

A platonic co-parenting agreement is used when individuals, who are not in a romantic relationship, decide to share parenting responsibilities for a child or children.

A parental order transfers full legal parenthood from a surrogate to the intended parents. To obtain a parental order, you must be genetically related to the child (at least one intended parent); apply within six months of the child’s birth; and have the surrogate’s full and informed consent. Without a parental order, the surrogate remains the child’s legal parent.

Legal parenthood determines who has parental rights and responsibilities for a child. In a female same-sex couple, if conception occurs through a UK licensed fertility clinic, both partners can be named as legal parents on the birth certificate. In a male same-sex couple, legal parenthood is only transferred through a parental order after surrogacy or by adoption.

If conception happens outside a clinic or through private donor arrangements, legal parenthood may be more complex, and it is important to seek legal advice.

Same-sex couples and LGBTQ+ individuals have the same legal rights as heterosexual couples when it comes to adoption. This means you must be at least 21 years old, have a stable home environment, and pass the adoption assessment process, which includes background checks and interviews. You will also have to complete pre-adoption training.

Once you are approved, you can then go on to adopt a child through local authorities, adoption agencies, or by adopting your partner’s biological child through step-parent adoption.

We know that every family is unique and are here to provide support and confidential advice on securing your legal rights as a parent. Whether you are considering surrogacy, donor conception, or adoption, we are here to help.

Ready to take the next step? As leading family lawyers in Milton Keynes, we are here to advise and guide you from the moment we start working with you help. In addition to our head office in Milton Keynes, we also have solicitors in Bicester, Watford solicitors, and Central London. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.