Modern Families

Modern families in England and Wales no longer consist of just two married parents and their children. There are an array of different family arrangements, which have their own specific family law issues and needs. The Gateley Family Law team understand the modern family and frequently deal with cases which address the requirements of clients with more complex family set ups.

Our work includes:-

• Grandparents applying for residence orders and contact orders – Grandparents often have a great deal of involvement in their grandchildren's lives and in certain circumstances may wish to apply for a contact order or a residence order. Unless the grandchildren have already lived with them for the last three years or they have the consent of everyone with parental responsibility, they will need the permission of the court to make their application

• Parental responsibility for stepparents - It is now becoming increasingly common for stepparents to form part of a family unit. These relationships can be a significant and important part of a child's life. If you are married or in a civil partnership you could potentially acquire parental responsibility for your stepchild. This can be done by agreement with the child's biological parents (either just your spouse/civil partner if they are the only parent with parental responsibility, or with both parents). Alternatively you can apply for a court order which gives you parental responsibility. We can also provide advice to a stepparent who has never been married or in a civil partnership, but is in a cohabiting relationship with the child's parent. In these circumstances, you cannot have a parental responsibility agreement or seek an order for parental responsibility. However, you could acquire parental responsibility if a residence order or shared residence order is made in your favour

• Residence orders and contact orders for stepparents – A stepparent spouse or civil partner can apply for a residence order or contact order for their stepchild. You may wish to do this if your relationship with the biological parent has come to an end. If you are a stepparent who has cohabited with the biological parent but are not a spouse/civil partner you must first apply for the permission of the court to make such an application.

• Sperm donor / egg donor rights – When a child is conceived with the use of a donor egg, it is the woman who carried the child who is regarded as the mother, rather than the donor. The male partner of a woman who conceives as a result of the woman being artificially inseminated with another man's sperm is treated as the father provided certain conditions are met and he consented. Since 2009. when a lesbian couple in a civil partnership have a child as a result of IVF or artificial insemination, they are both automatically the legal parents of the child, unless the civil partner who did not carry the baby never provided their consent to the treatment. Where a lesbian couple who are not in a civil partnership have a child as a result of IVF or artificial insemination, they are both treated as the parents of that child provided certain conditions about the treatment are met and the partner who did not undergo the treatment consented. It may be necessary to consider agreeing to a parenting plan ahead of a child's birth. We are able to advise as to the content and legality of that plan

• Surrogacy – If a woman who does not intend to be a parent carries and gives birth to a child for someone else then this is a surrogacy arrangement. Surrogacy is a restricted practice in England and Wales. It is permitted with a number of legal restrictions, which must be complied with. The rules on parenthood after surrogacy are complex and legal advice should be sought by anyone considering such an arrangement to establish their legal position. It may be necessary for a couple (including heterosexual couples, civil partners and same sex partners in an enduring family relationship) to apply for a parental order within the first six months of a child's birth. Our family law team can assist in this area. Same sex couples may also consider adoption and this is a route that should be considered with the benefit of legal advice

The family laws that deal with modern families are evolving and developing constantly. We can provide you with advice to assist with your own unique circumstances.