In July 2020 the States directed the Policy & Resources, Health & Social Care and Employment & Social Security committees to bring proposals forward.
But P&R has told Deputy Jayne Ozanne, who submitted written questions on the issue, specifically in relation to birth certificates for the children of same-sex parents, that ‘the work is more complicated and nuanced than anticipated by the sponsors of the amendment, due to the number of competing human rights involved, such as those of donors, intended parents, surrogates and the child’.
The work was not prioritised in the 2020-25 Government Work Plan but some work has been done in modernising the birth registration process and it has been consulted on with key stakeholders.
The current P&R said it was sympathetic to those impacted by the limitations of the current birth registration legislation, which dates back to 1935, and is set to go out to consultation again in the next month, before a States debate is considered over the summer.
Deputy Ozanne asked when same-sex parents would be able to obtain birth certificates for their children that carry both their names, enabling them to then get a passport to travel independently with their children, and whether they would be able to reclaim costs incurred while waiting for the policy to be introduced.
‘The primary purpose of registering the birth of a child is to establish them as a citizen,’ P&R said.
‘Obtaining parental responsibility and legal parent status is a secondary purpose. The committee is therefore of the view that the rights of the child need to be at the forefront of any policy decision in this area, which is in line with case law in the UK.
‘Although the legislation is in need of modernisation, the fact that the primary purpose for registering the birth of a child is for the child themselves rather than the parents, it is not envisaged that there will be a mechanism to reclaim any costs.’