New law extends birth registration rights to female couples

Fundamental changes to the law concerning parenthood and registration of the birth of a child have come into force. The Registration of Births and Deaths (Amendment) (England and Wales) Regulations 2009 implement provisions within the Human Fertilisation and Embryology Act 2008, and now allow women undergoing fertility treatment to register another woman as the second parent of  child born as a result of the treatment.

From 1st September 2009, if a woman receiving infertility treatment is in a civil partnership at the date of the donor insemination or embryo transfer, her partner can now be registered on the birth certificate as the second parent of the child. She is also automatically regarded as the legal parent of the child, unless she can show that she did not consent to the treatment.

The changes also enable a woman to register any man or woman as the second parent of the child on the birth certificate, provided that the infertility treatment is undertaken at a licensed clinic and both parties have provided their written agreement. The second parent does not need to be in a relationship with the mother, although they must not be within a prohibited degree of relationship, such as siblings.

These provisions mean that upon registration of the birth, the second parent will now be granted parental responsibility, affording them all of the rights and responsibilities that the mother of the child automatically obtains on birth. This is a significant change as to who can be legally recognised as parents of a child. The Human Fertilisation and Embryology Authority calculate that almost 6,000 women in a lesbian relationship underwent IVF treatment or received donor insemination between 1999 and 2006, so this move will be of great importance to many couples.

At present, these changes only apply where one person is the mother to the child. However, from April 2010, it will be possible for male couples planning a surrogacy arrangement to apply to the Court for a Parental Order that, if granted, will enable both of them to be registered as the parents of the child on the birth certificate.

For more information if these issues affect you, please contact a member of the specialist Family Team at Cumberland Ellis LLP.