Whether you already have children from a previous relationship, or are planning to parent/form a family with your lesbian partner through adoption, artificial insemination or fostering, this section is meant as a brief guide through the legal issues and avenues you may be facing.  It is intended only as a summary, and we recommend that you seek further advice on your particular situation.

Biological Mothers

If you are already a mother, either from a previous relationship or through artificial insemination, then your status towards your child does not change when you enter into a lesbian relationship or Civil Partnership.  If you are in the process of separating from the father of your child, then your sexuality should not be considered an issue when custody is being awarded.

Civil Partnerships

If you are entering into a Civil Partnership your partner already has a child, then you will be treated as a Step Parent in exactly the same way as heterosexual married couples.  This does not offer you any particular legal rights or award you parental responsibility.  See our page on Children & Civil Partnerships for more information.

Fostering

For further information about fostering in Northern Ireland, see the Northern Ireland Foster Care wbesite. Your sexual orientation should not affect your eligibility to become a foster parent, although your relationship history will be discussed in detail during the assessment for fostering process.

Adoption

At present gay or lesbian couples are not eligible to make an application to adopt in Northern Ireland.  However single people are currently able to adopt regardless of their sexual orientation.

 If you are in a Civil Partnership, or co-habiting, it may be possible for one partner to adopt and for the other to apply for a Residence Order.  Again, specialist advice should be sought on this before proceeding. 

Artificial Insemination

Artificial Insemination is currently only available on the NHS where there is a diagnosed medical condition preventing the couple from conceiving naturally, lesbian couples and single women currently have to seek assistance from a private fertility clinic. Costs vary from between £500 - £1,000 per cycle of treatment

There are a number of issues to consider where artificial insemination is concerned;

• In 2005 the law regarding anonymity changed – any person born from donated sperm after 1st April 2005 is entitled to obtain information about the donor from the Human Fertility and Embryology Authority once they have reached 18 years of age.
• If you are obtaining sperm from a known donor, then he, as the father of the child automatically has certain legal rights, regardless of whether or not his name appears on the birth certificate. Any agreements that you have made with him may be challenged in court, and he may be forced to pay maintenance costs.