Same-sex couple seek change to law on birth certificates
A SAME-SEX couple are campaigning to have birth certificate laws changed by November in time for the arrival of their second child.
Rachel and Cathylee O’Toole, who have been together for 10 years, already have a daughter, Aoife, 4, who was conceived using the latter’s egg, which was carried by the former.
Aoife was born in Western Australia, where both partners were allowed by law to be registered as the child’s mother.
But under the law governing the registration of births, deaths and marriages in the Bailiwick, which dates back to 1935, only Rachel can be listed legally as their new daughter’s mother.
Rachel, who runs Alderney restaurant Cantina No. 6, has started a petition on website Change.org for the right to have both of their names on the birth certificate.
‘We’ve had great news with same-sex marriage law recently in Alderney, but there are still other laws which need to catch up,’ she said.
‘Current birth registration law leaves a huge gap where Cat has no protections under law for anything that might happen. We think the States should bring in those protections afforded to us just the same as straight couples.’
They say existing law has not only legal implications – including the fact that Australian-born Cat is not able to take her daughter to visit her parents – but an emotional and social impact on the family too.
‘We want to be a family; we want the child to be Aoife’s legal sister all round,’ said Cat.
‘And I want to have legal rights as her mother. Our new daughter is biologically my child, we’ve been together 10 years and we want to be known as a legally binding family where we have the same rights as any other parent.’
They also think that having only one parent on her birth certificate could potentially emotionally affect their new daughter too.
Recent changes to Bailiwick laws mean it is now legal for same-sex couples to adopt, meaning Cat could adopt her biological child.
Or, as the couple have had reproductive assistance in the UK, they could have the baby in Southampton and Cat would automatically be named as the mother.
But they hope that the States of Guernsey and Alderney will push to get the law changed as soon as possible.
Health & Social Care president Heidi Soulsby said her committee and Employment & Social Security recognised that the law was out of date.
It requires a ‘father’ and a ‘mother’ in all cases on the birth registration document and also records whether a child is born out of wedlock.
‘Changing the law will require a period of research, preparation and consultation – and it isn’t a quick fix, because changes may also be needed across the Assisted Reproduction Law and the Children’s Law, which contains provisions for Guernsey to make laws on surrogacy, which it has never yet done,’ she said.
Deputy Soulsby hoped committees would be able to bring the proposals back to the States before the end of this political term and that they would have retrospective effect.
Liberate vice chair Ellie Jones said the States’ pledge to modernise the law, and push for the changes to be made retrospective, gave hope to same-sex parents.
The Greffe has already agreed to accept a birth registration form with both parents’ name on to make retrospective changes easier.
‘The inequality for LGBTQ couples compared to straight couples in the same situation does need to be addressed as soon as possible,’ she said, ‘as it also has knock-on effects for custody and maintenance issues should a couple split up, just to name a few potential issues.’
