Delays to same-sex parental rights law criticised

A lack of progress in bringing same-sex parental rights into law has been criticised.

Currently, a child may only have up to two legal parents and, unless the child is adopted, one of the parents will always be the birth mother, meaning, in same sex-couples, only one parent can be on the birth certificate.

The Draft Children and Civil status law in 2024 will allow both same-sex parents to be on a birth certificate, but the government also wants to bring a draft abolition of legitimacy law at the same time.

Deputy Louise Doublet said she supported getting rid of illegitimacy, but it had held up other legislation. Minister Richard Vibert said it was "crucial" for both laws to come in together.

Doublet said the establishment of same-sex parental rights was being held up after ministers said they would be "fully functioning by the end of 2024".

She said: "I feel the LGBTQ+ community has been waiting for same-sex parental rights for so many years that we shouldn't be delaying that law to wait for another law to be ready.

"This is about children's human rights. Some children don't have both their parents named on their birth certificate, and that is a basic human right every child should have.

"Many of our members in the LGBTQ+ community have been waiting nearly a decade for these laws to be completed. It has to be brought in urgently."

Vibert, Minister for Children and Families, said it was possible to launch the laws separately but it would "not be wise to do so".

He said: "It might be possible, but you are then left with situation where the child could be born as illegitimate and I think that is why it's crucial to bring both parts of the legislation together.

"Staff have worked hard to bring the Legitimacy Act forward and to bring it into force at the same time as the Children and Civil Status Law.

"I think it is very important that, when bringing the Children and Civil Status Law, we are in the position when no child in this island can be born and classed as illegitimate in the future."

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