Civil partnerships: Children
Gay partners who have entered into a civil partnership have the same legal remedies available to them in relation to children as are available to married couples.
They also have corresponding responsibilities. Civil partners can adopt jointly and have the right to apply for residence, contact orders and parental responsibility. More detail in respect of these can be found under the section children matters.
The procedure for making applications to court is the same as that for heterosexual couples and in making its decision the primary consideration for the court is the welfare of the child. In order to assess this the Judge will go through the welfare checklist set out in the Children Act 1989, namely:
- the wishes and feelings of the child concerned in view of their age and understanding
- the child’s physical, emotional and educational needs
- the likely effect on the child of any change in circumstances
- the child’s age, sex, background and any other characteristic that the court considers relevant
- any harm the child has suffered or is at risk of suffering
- how capable each of the child’s parents and any other relevant person are of meeting the child’s needs
In addition, a House of Lords case in 2006, H v H, made clear that in a same sex relationship of two women, one partner’s status as the natural mother of the child (if relevant) was a significant factor to take into account. This is, however, only one factor and will still be considered alongside all of the factors listed above.
Civil partnership dissolution
To arrange a discussion with a family law solicitor about civil partnership dissolution click here or call us on 0800 840 4929. We are available to take your call twenty four hours a day, seven days a week.
