Gamble & Ghevaert

Archive for the ‘lesbian parenting’ Category

Article on lesbian parenting law published in Family Law

Friday, November 26th, 2010

We have had an article published in leading legal journal Family Law about the case of T v B recently heard in the High Court. The case involved a lesbian couple in dispute following a split, and the court found that the non birth mother was not a ‘parent’ under English law and so not financially responsible for her child. Our article reviews the case and its implications for same sex parenting.

You can read the article in full at Lesbian mothers in dispute: T v B (Family Law, November 2010) or find out more from our website about lesbian parenting law.

Independent’s Pink List 2010 honours Natalie Gamble

Wednesday, August 4th, 2010

We are delighted that Natalie has been named in the Independent on Sunday’s Pink List 2010, the paper’s renowned annual review of the 101 most influential gay and lesbian people in Britain. At number 88, Natalie is recognised as a “pioneer of fertility law” who was “heavily involved in the Human Fertilisation and Embryology Act 2008 and nominated in 2008 as Stonewall’s Hero of the Year”.

The only practising lawyer named, Natalie is ranked alongside British gays and lesbians at the very top of a broad range of professions. The Pink List 2010 includes politicians Lord Mandelson and Deputy Lib Dem leader Simon Hughes, judges Lord Justice Etherton and Sir Adrian Fulford, former head of the Law Society Dame Janet Paraskeva, business leaders Lord Black (the Telegraph), Sir Michael Bishop (BMI) and Dawn Airey (CEO of Channel 5), theatre directors Sir Nicholas Hytner and Sir Cameron Mackintosh, Director of the British Museum Neil MacGregor, Radio 4 broadcaster Evan Davis, poet laureate Carol Ann Duffy, Turner Prize winning painter Sir Howard Hodgkin, Rabbi Lionel Blue, authors Sarah Waters and Philip Hensher, fashion designers Christopher Bailey and John Galliano, actors John Barrowman, Fiona Shaw and Simon Russell Beale, and celebrities Stephen Fry, Sue Perkins, Matt Lucas, Gok Wan, Alan Carr, Will Young and Radio 1 DJ Scott Mills. The number one spot – balanced fairly between the sexes – is rightly shared by leading business guru Mary Portas and courageous rugby player Gareth Thomas.

A new entrant to the list at number 88, Natalie is ranked among these pre-eminent individuals as the 25th most influential lesbian in today’s Britain. Her inclusion recognises Natalie’s groundbreaking work as a leading fertility lawyer, and her work as a prominent champion and advocate of same sex parents.

Prime Minister David Cameron, writing in the Independent on Sunday 1 August, said “The wall of prejudice is chipped away by high-profile role models, by public celebrations, by a positive approach to diversity. That’s why I congratulate everyone on this list for doing their bit to inspire and change attitudes. This is a country where people can be proud of who they are – and quite right too.”

You can find out more about Natalie Gamble and her work or read the Independent’s Pink List 2010 in full.

Judge rules that lesbian mum is not a ‘parent’

Sunday, July 11th, 2010

The High Court has decided that a lesbian (non birth) mother does not have to financially support the ten year old child she conceived together with her partner. In a landmark decision, the court has ruled that even though the mother was awarded ‘parental responsibility’ for her child and the right to full involvement in her child’s care, she cannot be held financially responsible because, at law, she is not a ‘parent’.

The decision highlights the complexity of concepts of parenthood as they apply to same sex parenting, and the problems that arise when relationships break down.

It is not the first time that there have been difficulties over maintenance and financial responsibility. Sperm donor Andy Bathie (represented by Natalie Gamble) was pursued for maintenance by the CSA after the lesbian couple he donated to split up, because (as a biological father who had donated outside a licensed clinic) the law treated him, rather than the lesbian non-birth mother, as the children’s other ‘parent’.

The case also highlights why it is so important for lesbian couples who have children together to ensure that they secure their legal position fully as parents. Lesbian non birth mothers are now automatically treated as the second ‘parent’ of any child they conceive with their partner, if the couple are civil partners at conception and/or the couple conceives at a UK licensed fertility clinic. The new rules apply to children conceived after 6 April 2009 but are not retrospective. For couples who have children together who were conceived before 2009, they will need to go through an adoption process to ensure that both partners (and no one else) are share responsibility fully, both legally and financially.

For more information about how the law applies to disputes between lesbian parents, see the parenting and children section on our website, and our pages for lesbian couples who conceive a family together.

Completion of the UK’s new fertility laws welcomed today

Tuesday, April 6th, 2010

The last piece of the government’s flagship Human Fertilisation and Embryology Act 2008 came into force today, completing the first major overhaul of the UK’s fertility laws in twenty years. The HFE Bill is a major piece of government legislation which has updated the UK’s 1990 laws to bring them into line with 21st century scienific and social advances. It has introduced important changes including:

* new rights for lesbian partners to be recognised as parents after sperm donation,

* the abolition of clinics’ obligation to consider a child’s need for a father before offering fertility treatment,

* the broadening of the extended storage rules for gametes and embryos, allowing more people to store precious embryos for longer,

* new rights for donor conceived people to make contact with genetic siblings,

* a clearer legal framework for preimplantation genetic diagnosis, and

* the widening of surrogacy laws to allow same sex and unmarried couples to apply for legal parenthood.

The Act has been brought into force in stages, with the new parenthood rules on donor conception in force first for conceptions after 6 April 2009 and the bulk of the Act in force on 1 October 2009. The final pieces of the jigsaw, which came into force today, are the changes to surrogacy law, allowing same sex and unmarried couples to apply to court to become the parents of a surrogate born child and updating the court rules and procedures. This completes the implementation of this major piece of government legislation, rather fittingly today, the day on which it has been announced that this Parliament will be dissolved.

We are proud to have played a role at the forefront of these important legal changes, championing the position of fertility patients and same sex parents. Our contributions to the public and Parliamentary debate and to the legal changes include:

* Helping to secure the important new rights for same sex parents (work for which Natalie was nominated by gay rights organisation Stonewall as their Hero of the Year 2008, named by Diva magazine as one of the UK’s most influential gay women, and invited to 10 Downing Street to meet the Prime Minister last month);

* Winning a last minute government U-turn on embryo storage which allowed surrogacy patients to save embryos from destruction and store them for an extended period;

* Lobbying for changes to surrogacy law, which were debated in Parliament (but sadly not adopted) – we are continuing to campaign on this;

* Winning improvements to nationality law for British parents of children born through surrogacy abroad following our contribution to the Department of Health’s consultation on the new parental order regulations.

Find out more about the legal changes on our website, relating to donor conception, surrogacy and fertility treatment.

Natalie Gamble at 10 Downing Street

Wednesday, March 31st, 2010

Natalie was delighted to meet the Prime Minister Gordon Brown, at a reception to celebrate the contribution of the LGBT community to Britain. The event was attended by leading gay and lesbian professionals, business leaders and celebrities, and Natalie was invited in recognition of her championing of UK gay and lesbian families, and her work at the forefront of winning new legal rights for same sex parents conceiving together through donor conception and surrogacy.

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Natalie Gamble invited to 10 Downing Street

Thursday, February 18th, 2010

We are delighted to report that Natalie has been invited by the Prime Minister to a reception at 10 Downing Street to celebrate the contribution of leading lesbian and gay people to Britain.

The invitation to Number 10 recognises Natalie’s work as a prominent champion of same sex families. Natalie has both spoken openly and about her own experiences as a mother and given legal help and support to many hundreds of gay and lesbian families conceived through assisted reproduction. She was at the forefront of securing groundbreaking legal changes in the Human Fertilisation and Embryology Act 2008, allowing lesbian couples conceiving together through donor insemination to be named on the birth certificate together, and from April this year allowing gay couples who have a child through surrogacy to apply to court to be recognised as equal legal parents. The changes were controversial in Parliament (with MPs given a free vote to decide whether clinics should consider a child’s need for a mother and a father before offering fertility treatment) but were passed last year, and now ensure that same sex parents are treated in the same way as heterosexual couples conceiving through assisted reproduction.

You can find out more about Natalie and her work, about the new legal rights for lesbian parents and about how the law works for gay men considering surrogacy on our website.

Stonewall publishes guide to the new laws on gay parenting

Thursday, December 10th, 2009

We have worked with leading gay rights organisation Stonewall to produce a guide to the new laws on gay and lesbian parenting, called Parenthood for Same Sex Couples. Funded by the Big Lottery Fund, the guide aims to provide clear information to service providers about the law on same sex conception and parenting, including donor insemination (and the new legal rights for lesbian couples to be named on birth certificates), co-parenting arrangements, and UK and international surrogacy for gay men. The guide will be distributed to key service providers nationally (including law centres) and is available on the Stonewall website.

We are delighted to have helped with this project, as we think it is vitally important for there to be good and widespread understanding of the UK’s new fertility laws which rightly recognise gay and lesbian couples as parents of children they conceive together.

Read ‘Parenthood for Same Sex Couples’.

More information on gay surrogacy law from our website.

More information on donor insemination and co-parenting law from our website.

More information about our public service work and fertility law services to charities.

Same sex partners to be named on birth certificates from tomorrow

Monday, August 31st, 2009

Natalie Gamble was interviewed on the BBC Radio 5 Live Breakfast Show this morning about the new rights for same sex partners to be named on the birth certificates of children they conceive together.

For lesbian couples, new rules allow the non birth mother to be named as the child’s other parent if the couple conceive through donor insemination or IVF together. Although the law change came into force on 6 April 2009, it only applies to children conceived after that date. The government has calculated that, allowing for some early arrivals, this means the soonest a child could be born under the new rules is 1 September 2009. From tomorrow, therefore, registrars around the UK will be prepped and ready to register births showing two women as a child’s parents.

On the Radio 5 Breakfast Show, Natalie was also asked whether gay men could also be named on birth certificates together. As Natalie explained, gay men conceiving with a surrogate mother will be able to obtain a birth certificate showing them both as parents, but that the changes for gay couples are coming into effect later. Gay men, like heterosexual couples, will have to apply to court for a reissue of the birth certificate after a surrogacy birth. They will be able to make such applications from 6 April 2010 although, unlike the new rules for lesbian couples, applications can be made for children born before the law changed.

We welcome the changes to both the donor conception and surrogacy rules to cover gay and lesbian parents. The move represents an important step forward in recognising gay and lesbian families, and ensuring that two parents who commit to having a child together are both legally recognised as being responsible for that child.

More information on lesbian conception law from our website.

More information on surrogacy law from our website.

Family Law publishes article on the Human Fertilisation and Embryology Act 2008

Monday, August 10th, 2009

Leading legal journal Family Law has published our article (The Human Fertilisation and Embryology Act 2008: Revolution or Evolution?) which looks at how the 2008 Act was heralded in Parliament as the first major update of UK fertility law in 18 years, and asks whether it has really made assisted reproduction law fit for the twenty-first century.  The article puts the new legislation in context, examining the history of UK fertility law and how it has developed, explaining the changes introduced by the 2008 Act (in particular the new rights for same sex parents which are dealt with in a practical case study) and highlighting some of the remaining problems for fertility patients and parents conceiving through assisted reproduction and in alternative family structures.

More on fertility treatment law from our website.

More on lesbian conception law from our website.

Natalie Gamble named by Diva as one of Britain’s most influential women

Thursday, July 30th, 2009

Glossy magazine DIVA has included Natalie in its ‘Power 50′ list of the 50 most influential gay women in Britain. Natalie’s write-up mentions her involvement with the Human Fertilisation and Embryology Act 2008 and the new rights it gives to gay and lesbian parents, as well as her nomination by Stonewall for their 2008 Hero of the Year Award.

“I am flattered and honoured to be included” says Natalie. “We have seen enormous strides over the past few years towards legal equality for gay and lesbian families. I am proud to have helped champion changes in fertility law which help same sex parents to be treated in the same way as other couples when they conceive with donor sperm or through surrogacy.”

DIVA’s list also includes household names such as TV presenters Sue Perkins and Sandy Toksvig and actresses Fiona Shaw and Miriam Margolyes, as well as politicians, public figures and other leading professionals in their fields. Read ‘Power 50: Britain’s most influential gay women‘.

More on the law for lesbian couples conceiving together from the Gamble and Ghevaert website.