Post by PurplySparkleyJoey on Aug 19, 2002 12:02:54 GMT -5
Campaigners for gay rights have welcomed an historic ruling which grants a lesbian couple the same parental rights over their children as heterosexuals.
The landmark ruling, made in private at Edinburgh Sheriff Court, means the women have parental rights over each other's children.
The two women cannot be named in order to protect the identities of the children.
The first woman has a four-year-old son from a previous marriage, while the second woman has an eight-month-old boy fathered by an anonymous sperm donor.
Hopefully this will reassure people in that situation that there's a route for them to successfully apply for this legal protection for their families.
Tim Hopkins
Equality Network
Tim Hopkins, a spokesman for gay rights group the Equality Network, hailed the ruling made on 19 March by Sheriff Noel McPartlin was "good news".
He said that the ruling showed same sex couples were entitled to the same rights as heterosexual couples although the process of achieving them was different.
A married heterosexual couple automatically have rights over their children.
In an heterosexual relationship where the couple are not married, the father has to fill in a simple form giving him man the rights to which the woman is automatically entitled.
Same sex couples
The Edinburgh Sheriff's decision means a same sex couple can apply for the same rights by demonstrating to a court that such a move would be in the child's best interests.
Mr Hopkins said: "Therefore the law does allow the courts to grant the legal parental rights and responsibilities to parents where that's the best thing for the child. That is obviously what the court decided in this case."
He added: "As far as we know this is the first such ruling although there have been many in England.
"I don't think anything needs to be changed with the law but the most important thing is that there are hundreds, if not thousands, of families headed by same sex couples.
"Hopefully this will reassure people in that situation that there's a route for them to successfully apply for this legal protection for their families."
It is thought the ruling would be used in an appeal by a lesbian couple who recently went to court to stop a gay sperm donor who fathered their child winning custody.
In that case, which was heard last month at Glasgow Sheriff Court, Sheriff Laura Duncan gave parental rights to the sperm donor and ruled that the women did not constitute a family.
The landmark ruling, made in private at Edinburgh Sheriff Court, means the women have parental rights over each other's children.
The two women cannot be named in order to protect the identities of the children.
The first woman has a four-year-old son from a previous marriage, while the second woman has an eight-month-old boy fathered by an anonymous sperm donor.
Hopefully this will reassure people in that situation that there's a route for them to successfully apply for this legal protection for their families.
Tim Hopkins
Equality Network
Tim Hopkins, a spokesman for gay rights group the Equality Network, hailed the ruling made on 19 March by Sheriff Noel McPartlin was "good news".
He said that the ruling showed same sex couples were entitled to the same rights as heterosexual couples although the process of achieving them was different.
A married heterosexual couple automatically have rights over their children.
In an heterosexual relationship where the couple are not married, the father has to fill in a simple form giving him man the rights to which the woman is automatically entitled.
Same sex couples
The Edinburgh Sheriff's decision means a same sex couple can apply for the same rights by demonstrating to a court that such a move would be in the child's best interests.
Mr Hopkins said: "Therefore the law does allow the courts to grant the legal parental rights and responsibilities to parents where that's the best thing for the child. That is obviously what the court decided in this case."
He added: "As far as we know this is the first such ruling although there have been many in England.
"I don't think anything needs to be changed with the law but the most important thing is that there are hundreds, if not thousands, of families headed by same sex couples.
"Hopefully this will reassure people in that situation that there's a route for them to successfully apply for this legal protection for their families."
It is thought the ruling would be used in an appeal by a lesbian couple who recently went to court to stop a gay sperm donor who fathered their child winning custody.
In that case, which was heard last month at Glasgow Sheriff Court, Sheriff Laura Duncan gave parental rights to the sperm donor and ruled that the women did not constitute a family.