LGBTQ+ Families

LGBTQ+ relationships and the law

For issues regarding relationships, there is very little difference in the law that applies to mixed-sex couples and same-sex couples. We have many years of experience in assisting clients through the toughest times of their lives and will tailor our approach to ensure you receive the support you need while navigating the relevant legal processes.

Due to the incremental introduction of civil partnerships and marriage for same-sex couples, we have acted for LGBTQ+ clients who have been in long term relationships which were never legally formalised. If you are considering moving in with your partner, contributing to a mortgage or renovating a house together, you may wish to consider preparing a Cohabitation Agreement. Alternatively, if you own a house with your partner and are concerned about your rights on separation, we work closely with our property litigation team to advise our clients on their position. More information can be found on our Cohabitants and Unmarried Families and Moving in with Your Partner pages.

If a marriage or civil partnership is on the horizon, you may want to consider preparing a Prenuptial Agreement or Pre Civil Partnership Agreement to protect your assets in the event of a separation. Alternatively, if you have a pre-civil partnership agreement in place and are planning to convert your civil partnership into a marriage, you may wish to update your existing agreement so that it reflects the new status of your relationship. We have a long history of preparing agreements for clients with international connections, or where they are bringing significant assets into the relationship.

The breakdown of a marriage or civil partnership can often be stressful and confusing, particularly where, for example, one party is leaving a heterosexual relationship behind. Our lawyers understand the sensitivity required and will work alongside you to minimise the distress the end of a relationship can bring. We can advise you on all aspects of relationship breakdown:

• Considering Divorce or Separation
• The divorce process
• Separation
• Financial arrangements

Starting an LGBTQ+ family

There are now a number of ways in which LGBTQ+ couples (and singles) decide to start a family, whether that is through a co-parenting arrangement, donor conception, surrogacy or adoption. We have assisted many LGBTQ+ clients on their journey to become parents and are very aware of the how special, emotional and sometimes stressful the process can be.

When having a child through surrogacy, it is the surrogate and their spouse, rather than the intended parents, who are considered the child’s legal parents under English law. A parental order must be obtained from the court to change this position and extinguish the surrogate’s parentage.

Our team of family, immigration and private client lawyers work closely to assist our clients on all aspects of international and domestic surrogacy arrangements and more information can be found on our Using a Surrogate page.

Where a sperm donor is used, the child’s automatic legal parents are dependent on a number of factors such as the status of the intended parents’ relationship and the method of conception. Advice should be taken at the earliest opportunity, particularly if there is a concern over your status as ‘parent’.

Sometimes disagreements can arise in relation to arrangements for children, their upbringing, where they should live or how they should be financially supported. Our family lawyers have considerable experience of advising on these issues, approaching them in a child-centred way to reduce conflict and ensure they are resolved as quickly and amicably as possible. We can advise you on all matters concerning your children:

• Thinking about the children
• Spending time with your children
• Financial provision for children
• Child abduction
• Thinking of relocating

Talking to children about separation, or LGBTQ+ related topics like a parents’ sexuality or gender identity, can be a significant worry for clients. Children can be confused and apprehensive about change and we understand that parents want to approach discussions in a way that minimises any negative impact and encourages healthy adjustment. We work closely with other expert professionals (for example, child and family therapists, counsellors, mediators and child psychologists) to support parents where relevant.

Gender identity

The law continues to struggle to keep pace with social change and this unfortunately affects the trans and other non-cis gender community most of all. We are sensitive to the issues faced by our clients and can provide clear and reasoned advice on any difficult circumstances in which our clients find themselves.

Issues can arise, for example, where a transgender person wishes to obtain a Gender Recognition Certificate and their spouse or civil partner will not consent, or where a person’s gender is legally changed while they are carrying a child but when registering the birth the traditional ‘mother’ and ‘father’ titles on the birth certificate just do not fit the way they see their family. We assist clients to understand the current state of the law and help them to navigate any challenges it presents.

Gender can also be relevant to wills and inheritance and we work closely with our private client team to assist clients where there is concern about the impact of a change in their gender identity.

Examples of recent work

• Acting for a father in respect of his application for a child arrangements order. The respondents were the child’s mothers who disputed the level of involvement that it was anticipated the father would have.
• Acting for applicant fathers in respect of an application for a child arrangements order following what they considered to be a surrogacy arrangement. The respondent mother wished to co-parent the child and did not agree to a parental order being made in the applicant fathers’ names.
• Acting for a father in respect of an application for a child arrangements order for a child born to him and a female friend following an artificial insemination. The father was gay and in a long term relationship with his partner. The mother was single.
• Acting for several same sex couples in respect of their applications for parental orders for children born following a surrogacy arrangement.
• Acting for several gay single fathers in respect of their applications for parental orders for their children born following a surrogacy arrangement.
• Acting for a same sex couple in respect of an application for a child arrangements order.
• Acting for a father in respect of financial proceedings brought by the mother. The parents had never been in a relationship; the father was gay and the mother was straight.
• Acting as a mediator, mediating two prospective co-parents who were planning to have a child together. One of them was gay and they were not in relationship but both wanted a child and were going through fertility treatment. Considering issues including future co-parenting, living arrangements and financial provision.
• Acting for the biological mother in respect of the children arrangements and financial provision arising out of the breakdown of her relationship with her female civil partner.
• Acting for the biological mother of children in respect of an application by her ex civil partner. Advising on the issue of legal and psychological parentage and jurisdiction