Information for all
Bringing up any child brings its own set of challenges and rewards but most families caring for a disabled child have additional challenges in getting the right information and support.
If you are a gay or lesbian parent you will find the full range of information on the Contact a Family website about disabilities, benefits, services, and groups helpful.
This sections gives a summary of the rights resulting from the Civil Partnership Act 2004, and other issues specific to gay and lesbian parents caring for a disabled child.
Parental responsibility for gay and lesbian parents
'Parental responsibility' is a legal term which describes many of your rights as a parent of a particular child.
Having parental responsibility means you can make decisions about for example, their education and consent to treatment.
- The biological mother automatically has parental responsibility
- The biological father does not always automatically have parental responsibility unless he is married to the child’s mother. However, since 1st December 2003 any father who is registered on the child's birth certificate will automatically have parental responsibility. So, a gay man who has fathered a child through sperm donation would have parental responsibility if he is registered on the child's birth certificate
- A person who has adopted a child will have parental responsibility. A gay or lesbian couple can now adopt a child jointly
- Your partner will acquire parental responsibility for your child if she or he is your civil partner and you (or both parents if both have parental responsibility) make a parental responsibility agreement with your partner to give them parental responsibility, or a court orders that you, she or he shall have parental responsibility
- A court can also make a shared residence order (which automatically grants parental responsibility), for example in cases where a child lives in two separate households
- The law is different in Scotland and a broader range of other people can apply to the courts for parental responsibility
A local CAB should be able to advise you further and refer you to a solicitor in your area if necessary.
Sources of support and advice for gay and lesbian parents
There are a number of national and local support groups for lesbian and gay parents and their families. Details can be found at:
Pink Parents UK
Web: http://www.pinkparents.org.uk
Tel: 08701 273 274 (Monday - Friday 9am - 12pm (excluding public holidays)
Offers support to lesbian, gay, bisexual and transgender families via a telephone helpline.
Contact a Family also has details of a range of parent support groups that exist for families who have disabled children. Condition specific groups are listed in the relevent entry in the Directory or phone the helpline for details of groups in your area.
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