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Same Sex Parenting

Becoming a parent is a huge responsibility for anyone and this is no different for LGBT+ couples. But the legal aspects of becoming a same sex parent can be more complicated so if you’re thinking about a family, we recommend you take legal advice.

How can same-sex couples become parents?

There are a number of ways in which this can occur. Although not exhaustive, examples could include a child being brought into the family unit from a previous opposite-sex relationship. Alternatively, it may be the natural child of one of a same-sex couple by donor insemination or surrogacy (formal or informal). It could also be the natural child of a same sex couple where on partner is a trans person or the child could be fostered or adopted. Each of these scenarios can bring its own complications as the law differs depending on the situation you’re in.

What parental rights do a same sex couple have?

Not all rights occur automatically, although some do upon marriage and civil partnership. Parental rights can be secured by a variety of orders, the following of which can be made by the court:

  • Step-parent adoption
  • Child Arrangements Orders
  • Parental Orders in cases of surrogacy

You should always take legal advice to consider your rights before starting a family and we can talk to you about this to ensure you safeguard your position. 

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