Lesbian couples
Lesbian couples: birth mothers
Whoever of you is the birth mother is the legal mother of your child, and will have legal parenthood status and parental responsibility.
We refer to ‘birth’ rather than 'bio' mother because English law provides that the woman who carries a child is the legal mother. In some situations (for example where you swap your eggs so that one partner gives birth to the other’s biological child), you might be the birth mother without being the biological mother.
Lesbian couples: non-birth mothers
The status of whoever is the non-birth mother is more complex. Following changes introduced by the Human Fertilisation and Embryology Act 2008, there are now different sets of rules depending on whether your child was conceived before or after 6 April 2009.
Find out more about how the law applies to:
Lesbian couples: the legal position of your donor or co-parent
If you conceive with an unknown sperm bank donor, he will have no legal status as a parent. Find out more about the rights your child will have to information about him in adulthood.
If you conceive with a known donor or co-parent (whether at home or at a clinic), the legal position is more complex. Find out more about known donation and co-parenting.
Lesbian couples: in a complex marital situation?
If your marital situation is complex (for example if you are conceiving with a new partner but are still married to or in a civil partnership with a former partner), you need to take special care. The parenthood rules can sometimes have unforeseen effects – for example giving parenthood to your ex partner rather than your current partner. If you are in any doubt as to your position, contact us for legal advice.
Lesbian couples: conceiving abroad or with a foreign donor?
English law on parenthood applies no matter where in the world you conceive. Provided that your personal status means that UK law applies, you should be in no different a position whether you conceive in the UK or abroad. However, if you are conceiving abroad with a sperm bank donor, you should be aware that only conceptions that take place at licensed clinics in the UK are recorded by the Human Fertilisation and Embryology Authority (HFEA), giving your child, in later life, structured rights to find out more about your donor and any genetic siblings.
If you or your known donor/co-parent are resident outside the UK or plan to live outside the UK during your child’s lifetime, you may need to bear in mind how the foreign system of law applies to your situation, as well as UK law.
Lesbian couples: how can we help?
Contact us if you would like our help with:
- advising you on how the law applies to you,
- helping you to acquire parental responsibility or to adopt (we offer an easy fixed fee service for most non-contentious situations),
- advising you on the legal position of your donor/co-parent,
- helping you to put in place a donor or co-parenting agreement,
- helping you to manage a co-parenting arrangement,
- representing either partner following separation (or death),
- representing you in any dispute with a known donor/co-parent or
- preparing wills for you.
