legal
IVF babies can now
have two legally-
recognised mums.
MOTHERS
IN LAW
A bill recently passed in
parliament is set to benefi t
lesbian parents. Nicola Hill
explains how.
The House of Commons has approved the Human The new legislation will allow gay and lesbian couples conduct experiments using hybrid human-animal
Fertilisation and Embryology Bill after a third reading. to become the legal parents of children conceived embryos. It will also allow parents to choose ‘saviour
This will give lesbian couples the right to assisted through sperm donation. At the moment, if a lesbian siblings’ for seriously ill children.
conception and IVF at NHS fertility clinics. Assisted couple has a baby, the non-biological parent has to
77
conception could be with a known donor, a friend or adopt the child to become recognised as a parent. If the The Catholic MP, Ruth Kelly, who left the Government
family member or an anonymous donation from a Human Fertilisation and Embryology Bill becomes law last month, voted against the Bill. Fifteen other Labour
sperm bank. and the child is conceived through a clinic, the partner MPs also rebelled against the recommendations
will automatically become the legal parent of the child within it by voting against it. The Bill now goes to the
Currently, the law stipulates that NHS clinics must and their name will appear on the birth certifi cate. House of Lords for further inspection and possible
take account of the “need for a father” when assessing amendment and should become law next year.
women for treatment. This can allow clinics to refuse If the couple are in a civil partnership, which
treatment for lesbians. subsequently breaks down, the courts will consider
maintenance payments for the child. If a couple
John Darnton, Partner at Bircham Dyson Bell says: decides to conceive without the assistance of an NHS
www.bdb-law.co.uk
“This is a signifi cant piece of legislation that recognises clinic, under the proposed new law, the non-biological
the importance of a less discriminatory approach to mother could not be on the birth certifi cate. Information about Human Fertilisation
diversity in parenting. A shift in emphasis from a and Embryology Bill:
child’s need for a father to a need for “supportive A man who donates sperm, (whether known or
http://services.parliament.uk bills/2007-08
parenting” is to be welcolmed, highlighting as it does, anonymous), at a fertility clinic will be registered and humanfertilisationandembryology.html
the importance to the child of the quality of parenting cannot be held legally responsible for the child. His
it receives rather than the gender of the person who name will not appear on the birth certifi cate. Nicola Hill runs civil partnership site
provides it.” The new legislation will also allow scientists to
www.gay-friendly-wedding-venues.com.
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