Pride Month Series: LGBTQIA+ Families in England and Wales: A Modern and Inclusive Approach

This Pride Month, is an opportunity to celebrate diversity and progress, as well as to reflect on how the law supports and recognises modern families in all their forms. At Fisher Jones Greenwood, we recognise that no two families are the same and that inclusive, tailored legal advice is key to helping our clients plan for the future with confidence.

The foundation: the Children Act 1989

The cornerstone of children law in England and Wales is the Children Act 1989. This landmark legislation has been crucial in shaping family law by placing the child’s welfare at the centre of decision-making, to ensure that the child’s best interests is always the Family Court’s paramount consideration.

Whether a family is formed by opposite-sex parents, same-sex parents, or within the wider LGBTQIA+ community, the same core principle for children applies; what arrangement best promotes the child’s welfare.

What is parental responsibility?

A key concept under the Children Act 1989 is parental responsibility. This is defined as “all the rights, duties, powers, responsibilities, and authority which by law a parent of a child has in relation to the child and their property”.

In practical terms, parental responsibility allows a parent to make important decisions about a child’s life, including education, medical treatment, and day-to-day care. Importantly, more than one person can hold parental responsibility at the same time, reflecting the reality of many modern family structures.

Who has parental responsibility and how is it acquired?

The law in England and Wales is increasingly reflective of diverse and modern family arrangements. Although the language used below and in the legislation is binary in relation to gender and may not feel trans or non-binary-inclusive, legal reform or change is a matter for Parliament

Parental responsibility can arise in a number of ways, regardless of the parent’s gender:

• Automatically at birth: The birth mother (the person who carried the child and gives birth) will always have parental responsibility regardless of the child’s genetic links.
• Marriage or civil partnership: A person who is married to or in a civil partnership with the child’s birth mother at the time of the child’s birth shall also acquire parental responsibility automatically. Being named on the birth certificate: This confers parental responsibility
• Agreement or court order: Where parental responsibility is not automatic, it can be obtained through a parental responsibility agreement or by application to the court, such as for a Child Arrangements Order.

Parental Responsibility is an important consideration for intended parents in surrogacy arrangements, as the birth mother’s consent and the consent of any other legal parent of the child is a requirement for the making of a parental order. It is therefore very important that advice is sought early on.

For LGBTQIA+ and modern families, additional routes to obtain Parental Responsibility/ Parenthood may include adoption or parental orders following surrogacy, ensuring that legal recognition matches the reality of a child’s upbringing.

Please also note that there are other Orders which can confer parental responsibility and seeking legal advice is recommended.

A journey towards equality

It is important to recognise that the law has not always treated all families equally. Prior to the early 2000s, same-sex couples had limited legal recognition as parents.

A turning point came with the Adoption and Children Act 2002, which enabled unmarried, including same-sex couples to adopt jointly and be recognised as equal legal parents for the first time.

Further progress followed with the Human Fertilisation and Embryology Act 2008, which enabled female same-sex partners, to be recorded as joint parents on a child’s birth certificate, as the birth mother and second female parent. Two male parents may be recognised as joint parents subject to applying for a parental order and meeting the criteria.

The law recognises that parenthood and modern families are not solely defined by gender or sex, but by legal status and the role a person plays in a child’s life. Same-sex parents can hold parental responsibility on the same basis as any other parent, reflecting a more inclusive understanding of the realities of modern families.

Looking ahead

Pride Month is a celebration of identity, progress, and community and every family deserves to be recognised, respected, and supported.

We pride ourselves on offering a progressive, inclusive, and client-focused delivery of legal services. At Fisher Jones Greenwood, we are passionate about creating a space where clients feel comfortable discussing their family, their concerns, and their hopes for the future and we are committed to guiding clients with clarity, sensitivity, and practical advice.

Our aim is always to deliver advice which is tailored, cost-effective, and aligned with your individual circumstances. If you would like advice on child arrangements or any aspect of Family Law, our team is here to help.

Here to help

Get in touch with Fisher Jones Greenwood’s Family Team to discuss your situation in confidence and take the next step towards a positive future for you and your family.

For further advice on any aspect of family law or to discuss meeting with a family lawyer, please contact one of our team in our Colchester, Clacton or Chelmsford offices on 0845 543 5700, or via our online enquiry form.