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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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i was in a same sex relationship, we split, she is pregnant

Customer Question

hi i was in a same sex relationship, we split, she is pregnant and isnt communicating, have i got any rights, i am the biological mother although she is carrying. is there anything i can do to find out where he is going to be born. she said she wont put me on birth certificate and cant be there for the birth. iv tried everything. please help im desperate
Submitted: 2 years ago.
Category: Family Law
Expert:  Kasare replied 2 years ago.
Hi thanks for your question, I will try and assist you with this.
Are you in a civil partnership or not?
Customer: replied 2 years ago.

no not in a civil partnership. we went through IVF and signed paperwork for each other to be legal parents

Expert:  Kasare replied 2 years ago.
Ok Rachae, and thanks for confirming that you have signed the paperwork with the IVF clinic.
I appreciate that this is a very difficult and stressful time for you and the upset you must be going through especially after all you have gone through in order to have this child with your partner.
As the non-birth mother, given the forms that you both signed prior to conception, you will be treated as the child’s other legal parent.
Whilst you should be named on the birth certificate, this will only happen if your partner consents and puts your details on the certificate. If she does not name you on the birth certificate, whilst you will still be financially responsible for the child and will be treated as a parent for the purposes of inheritance, you will not have the authority to be involved in parental decision-making unless you apply to the court for parental responsibility.
I would strongly recommend that you seek face to face legal advise from a specialist family lawyer now to provide you with all the assistance you require in ensuring your rights as the other legal parent are enforced. We cannot recommend specific law firms here but the Law Society website has a search called Find A Solicitor which can help - or a google search could locate someone in your area. I would certainly recommend that you seek advice from a lawyer with experience and knowledge of the Human Fertilisation and Embryology Act 2008.
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 1301
Experience: Solicitor, 10 yrs plus experience in civil litigation, employment and family law
Kasare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

thankyou i will take your advice

Expert:  Kasare replied 2 years ago.
Good luck and whilst I hope legal intervention will not be necessary and that your partner does agree to be reasonable with you and your new baby, at least having taken legal advice you will be fully prepared to be proactive in enforcing your rights if she remains unwilling and unreasonable.
Customer: replied 2 years ago.

i hope it doesn't go that far as well, but the little information i am getting from her is not good, so i just need to cover all aspects so i can see my son and make sure he is ok. its just very frustrating not being able to do anything about the birth and birth certificate and only once the child is born. it seems abit wrong as i am civil and willing to talk. thankyou

Expert:  Kasare replied 2 years ago.
Hi, I can appreciate your frustration. It is always the case in such instances that one party is willing to talk and the other party seems to ignore everything.
Good luck

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