Frances Gibb, Legal Editor
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Britain’s most senior woman judge has called for same-sex couples who have children by artificial insemination to be legally recognised as the parents.
Baroness Hale of Richmond suggested that the present law was discriminatory and in breach of the European Convention on Human Rights.
At present, lesbian couples can register their relationships under the Civil Partnership Act 2004. But if one of them gave birth after artificial insemination, the other would be treated as the stepparent, not the parent, she said.
When a heterosexual couple used insemination, she added, the mother’s husband or partner automatically became the legal father of the child, even if his sperm was not used. This was because the Civil Partnership Act 2004 did not amend section 28 of the Human and Embryology Act 1990, she said at the Incorporated Council of Law Reporting annual lecture last night.
“It would be difficult to argue that this matter did not fall within the ambit of the convention’s right to respect for family life,” she said.
The Government had now proposed applying section 28 to same-sex couples in a White Paper, she added.
“Only when people can be open about themselves and their relationships without fear or shame will true equality have arrived.”
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I agree with Emelita Robbins comments
Azhar ,Anglia University 1994, Kuala Lumpur, Malaysia
The issue in question here is "parity of treatment", not biology. Definitely YES.
K Goh, London,
A clear case for parity of treatment. It could bring a whole new and positive meaning to 'Section 28'. This Government has been insightful and courageous in regard to equality issues. A suitable amendment needs to be made as soon as possible.
moira macdonald, Exeter,
This suggestion by Baroness Hale of Richmond does not feel right and space is too short to go into full details why. The lesbian partner of a woman who gives birth by artificial inception might be better dealt with under the adoption laws as a co-parent. Further, I cannot see that within the present framework of family law that the lesbian partner could feature on a birth certificate. For those who may be thinking of inheritance rights the lesbian partner can still make a will in favour of her partners child if she so wishes. There is of course the added complication that arises from this suggestion of Baroness Hale that if the couple should split-up there could be difficulties over rights of domicile and access.
Alan , Llanerchymedd, Anglesey
I do not agree with this view, there should alway be a different between a man and a woman with a child from same sex couple with a child for fundamental reasons. Yes they should have rights which is why the Civil Partnership Act 2004 was introduced. If the judge reckon same-sex couples who have children by artificial insemination to be legally recognised as the parents. Where does that leave Gay men with a child who can not have children by artificial insemination? Now who is now being discriminatory?
Sam, Rochester, United Kingdom
Once again, Baroness Hale has proved to be a beacon of hope and should be truly commended for her commitment to equality for all. The reluctance to extend the same respect afforded to heterosexual couples to same-sex couples is no longer tenable - Baroness Hale's speech unmasks this difference for what it is - discrimination.
Jennifer, trainee barrister, London, UK
I agree 100%
Emelita Robbins, London ,
A clear case for parity of treatment. It could bring a whole new and positive meaning to 'Section 28'. This Government has been insightful and courageous in regard to equality issues. A suitable amendment needs to be made as soon as possible.
moira macdonald, Exeter,