What rights do lesbian couples have if they conceive with a co-parent?
The law currently indicates that if the lesbian couple are married your male co-parent will not be the legal father if you conceive through a fertility clinic. If you are not married you can choose to have your partners name on the birth certificate and your partner will be seen as the child’s second parent and your donor will not be your child’s legal father.
If you conceive at home and are married, in most cases providing a legal donor contract is in place, the male co-parent would not be considered the legal father and both partners can be named on the birth certificate as Mother and Parent. This would then mean your known donor would not legally be seen as the Father. The law around rights of married lesbians receiving donor sperm is complex and it is strongly recommended to seek specialist advice from a law firm prior to any insemination.
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