Children of a previous relationship

If a woman has a child and is married to the child’s father, both she and the father will have parental responsibility for the child. This is also the case if they weren’t married but his name was registered on the child’s birth certificate after December 2003. If she forms a civil partnership with a new female partner, her partner can also apply for parental responsibility for the child.

A parent’s sexuality can often be a factor in disputes between separating parents over which parent the child should live with. The courts used to draw negative inferences in the relation to the child’s welfare, often awarding residence to the heterosexual parent. Attitudes have now shifted and the courts will usually accept research evidence that children thrive in same sex families, all other things being equal. However, that is not to say that gay and lesbian parents do not sometimes face an uphill struggle; parents may still need strong representation to receive fair treatment.

In line with a general approach aimed at promoting contact with a non-resident parent where it is in the child’s interests, the courts will usually award contact with the child to a parent who has significant involvement in a child’s life e.g. the child’s natural father or a known donor who has been involved in the child’s life and shown commitment to him or her. However, every case is different and it is important to get advice which relates to your particular family.

Bindmans family department can offer specialist advice from leading experts on all aspects of gay parenting.

For further information, contact Liz Dronfield or Louise Coubrough or Melanie Hay.

Civil Partnership 
Adoption 
Donor insemination 
Children of a previous relationship 
Arrangements for children following relationship breakdown