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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33325
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hello, I am a single male who has decided that he wants

Customer Question

Hello,
I am a single gay male who has decided that he wants children along with a gay female couple.
The couple are civil partners, one of the females is now pregnant with me being the donor.
I am aware that I can not go on the birth certificate as farther, but we are all in agreement that I will have parental responsibility and help raise our child. This was discussed prior to the pregnancy.
I am aware of the procedures of me obtaining parental responsibility by myself and the birth mother signing an agreement form C(PAR1).
Both girls are concerned that although myself and the birth mother sign the agreement there I nothing for her partner to sign on the form as her partner. We just need clarification as to whether that is correct.
Regards
Steve
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
may I ask why you are not going on the Birth Certificate?
Clare
Customer: replied 2 years ago.
I have been informed that because I am a donor and the two girls
are in a civil partnership then she and her partner will be treated as being the legal parents of the child and will acquire parental responsibility by being named as the parents on the birth certificate. Me as the donor will not be a legal parent and as you can only have two legal parents under UK law.
Expert:  Clare replied 2 years ago.
Hi
That is not entirely correct.
You could be registered as the father on the birth Certificate if you attend the mother to Register the Child and then you and the mother can sign a Step Parental Responsibility Agreement giving Parental Responsibility to her Partner.
If you do not do this and they are both registered as parents then I am afraid that the only way that you can obtain Parental Responsibility is via a Court Order
You can read more here
http://www.nataliegambleassociates.co.uk/page/Legal-structure-for-known-donation/92/
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Hi thanks for your reply.
I am totally confused now I have visited the link you have provided . And it has stated the following.
A non-birth mother who is married to or in a civil partnership with the birth mother at the time of conception is automatically the child's other legal parent. The rules apply to conceptions after 6 April 2009 which take place through IVF or artificial insemination, whether at home or at a clinic in the UK or overseas. Like a married father, the non-birth mother is named on the child's UK birth certificate and automatically has parental responsibility, giving her the authority to make decisions about the child's care.
After reading further I can not see how I can enter onto the birth certificate as I have had no sexual contact with the birth mother but only act as a doner the mother and partner are civil partners and the second femal automatically goes on the birthed certificate as other parant

I need to go back to my original question. Perental responsibility agreement c(PRA1) application has a place for two signatures. Mine and the birth mothers for me to obtain perental responsibility . But they are concerned that there is nothing for the second female parent to sign.
Expert:  Clare replied 2 years ago.
Hi
IF the mothers civil partner agrees that you should be on the birth certificate then you and the mother can Register the birth together
If she will not agree to this (and if she does please get it in writing) then your only option will be an Application to the Court for a Shared Residence Order which will give you a form of Parental Responsibility
The Agreement that you refer to will not be acceptable as it cannot be signed by both of them - and it would need to be since they would both have PR
Clare

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