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Couples using Partner Sperm

Parental Responsibility

Parental responsibility is defined by the Children Act 1989 in England and Wales and the Children (Northern Ireland) Order 1985 as 'all the rights, duties, powers, responsibilities and authority which by law a parent of the child has in relation to the child and his property'.

Section Two of the Children Act 1989*, states:

  • Where a child's father and mother were married to each other at the time of his birth, they shall each have parental responsibility for the child.

  • Where a child's father and mother were not married to each other at the time of his birth -

    - the mother shall have parental responsibility for the child.

    - the father shall not have parental responsibility for the child, unless he acquires it in accordance with the provisions of the Act.

Similar provisions apply in Scotland by virtue of Sections 3 & 4 of the Children (Scotland) Act 1995, and in Northern Ireland by virtue of Article 3 of the Children (Northern Ireland) Order 1995.

Unmarried couples are therefore recommended to seek their own advice about the male partner's rights and responsibilities in relation to any child which may be born as a result of DI treatment.

(The Government intends to amend the Children Act 1989 so that an unmarried father who registers the child's birth jointly with the mother will acquire parental responsibility without further formality).

*In Scotland, Sections 3 & 4 of the Children (Scotland) Order 1985 contain more detailed definitions of both 'parental rights' and 'parental responsibilities'.

It is possible for a same-sex co-parent to apply for a joint residence order which confers some degree of parental responsibility and the Civil Partnership Bill currently passing through parliament and expected to come into force sometime in 2007 is expected to give 'social parents' the same rights as natural parents.

Patients using known sperm donors are advised to take legal advice about rights and responsibilities in relation to the potential child.

 
     
     
 

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