LGBT parents – the basics
With the increasing openness when it comes to the existence of LGBT people there’s a corresponding increase in the visibility of them in all walks of life – including as parents. Unsurprisingly enough (for some of us at least) lesbian, gay, bi and trans people do have kids.
Some of them are conceived, born and are raised in families in the *ahem* old-fashioned way, others in a more circuitous manner. It’s not an unreasonable believe to think that a non-traditional family faces it’s own unique challenges and in many respects it’s a correct one.
In terms of the law however there isn’t a great deal of difference between straight and/or cis people and everyone else when it comes to the matters concerning contact, residence (OK, OK `who the child lives with’) and everything else the Family Court is concerned with.
There are a few basic thoughts to consider here.
PR is important to LGBT people
Parental Responsibility is the key here. In short that means a) being on the birth certificate or b) having an order awarding you PR. Without it, you are at a serious disadvantage.
If you’re adopting a child, it’s something that should be taken care of. If you’re conceiving artificially, make sure you are on the birth certificate – or that the birth parent signs a C(PRA001) form to give it to you.
The nuclear scenario? You split from your partner and you don’t have PR. Your ex refuses contact and when you apply to the courts you’ll be filling in the standard form for contact (a C100) but you’ll also be needing a C2 (permission to apply) because you have no legal relationship with your child. And when you get there your ex will deny contact, deny you had much involvement with your own child and in the meantime is free to change their name, give PR to whoever they like and move to the other side of the planet if they so wish without you being able to stop them.
So get PR.
The T in LGBT
When it comes to trans parents they may well already have PR – particularly if the child was conceived/born before transitioning. It’s a sad fact to say that many of our trans clients coming out/transitioning has been at least a factor in the breakdown of their relationship with their ex’s. And often a source of hostility when it comes to children having an ongoing relationship.
Yet children are usually completely unfazed by this because Mum is still Mum and Dad is still Dad.
Furthermore in our experience the court is usually completely indifferent to a client’s status as transgender and wholly uninterested in parents seeking to use this fact to limit a child’s relationship with either parent. It is possible it will likely be an aspect discussed in any welfare report (such as a CAFCASS Section 7 Report) but will often carrying little weight overall.
But that’s no different to any other case where a child’s welfare is examined.
If you don’t have PR, get it. Whether you are still with your partner or they are now your ex. You are putting yourself at a serious disadvantage without it.