Same Sex Parenting

Becoming a parent is a huge responsibility for anyone and this is no different for LGBTQ+ 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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