Gamble & Ghevaert

Archive for the ‘Parenting Law’ Category

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.