Uncharted territory

Conrad Adam, assisted by Rebecca Ryalls, considers the development of the law and the issues facing the courts when dealing with children issues in same-sex relationships

In my previous article on civil partnerships in the February issue of Family Law Journal (FLJ73 p2) I looked at a possible way the courts may consider financial provision on the dissolution of civil partnerships. This article focuses on children and same-sex couples, and sets out to consider how changes in the laws relating to adoption and fertility treatment may affect the numbers of same-sex couples creating a family unit. It also looks briefly at how the courts might approach issues of contact and residence when faced with the breakdown of same-sex relationships. I will suggest that now, like never before, in this increasingly complex arena, we need to focus at all times on the principle of the paramountcy of the child’s welfare contained in s1 of the Children Act 1989.

Where are we now?

There are no up-to-date statistics on the number of same-sex couples with children in England and Wales. However, statistics do show a considerable increase in the number of lesbian couples being provided with IVF treatment during the five-year period from 2000 to 2005. Figures produced by the Human Fertilisation and Embryology Authority (HFEA) give totals for both IVF treatment and donor insemination and show an increase of over 400% between 2000 and 2005 with regard to IVF treatment, and more than a doubling of donor insemination, from just over 400 in 2000 to just under 900 by 2004.