LGBT Rights in The United Kingdom - Parentage and Parental Orders

Parentage and Parental Orders

The Human Fertilisation and Embryology Act 2008 was given Royal Assent on 13 November 2008. The legislation allows for lesbians and their partners (both civil and de facto) equal access to legal presumptions of parentage in cases of in vitro fertilisation ("IVF") or assisted/self insemination (other than at home) from the moment the child is born. Since the law also allows both partners to be identified on the child's birth certificate by the words "parent". The law came into force from 6 April 2009 and is not retroactive (it does not apply before that date). Parental orders for gay men and their partners since 6 April 2010 have been available for surrogacy arrangements.

Since 31 August 2009, legislation granting lesbians equal birth rights in England and Wales came into effect, meaning both can now be named on a child's birth certificate, amending the Registration of Births and Deaths Regulations 1987. The legislation was criticised by those who believe it was "damaging the traditional notion of a family". Stonewall Head of Policy and Research Ruth Hunt said the new law makes life easier for lesbian families and stated "Now lesbian couples in the UK who make a considered decision to start a loving family will finally be afforded equal access to services they help fund as taxpayers". The United Kingdom's Home Office minister, Lord Brett was full of praise in his comments:

This positive change means that, for the first time, female couples who have a child using fertility treatment have the same rights as their heterosexual counterparts to be shown as parents in the birth registration. It is vital that we afford equality wherever we can in society, especially as family circumstances continue to change. This is an important step forward in that process.

Iain Duncan Smith, who led efforts to oppose the change, said that "The absence of fathers generally has a detrimental effect on the child."