The Human Fertilisation & Embryology Act received Royal Assent on 13 November 2008. The provisions in the Act are expected to come into force during the next eighteen months, including the measures which relate to same-sex parents and their children.
Stonewall will continue to work hard to ensure that these important and much-needed provisions become law. We'll keep this page updated with the latest news.
What the new laws will do
Stonewall warmly welcomes provisions in the Human Fertilisation and Embryology Act which will provide equal legal recognition for the children of same-sex parents and remove existing barriers to lesbians accessing safe, regulated fertility services. We believe that it is critically important for any child to be raised in a stable and loving home. Many same-sex couples already raise children in just such an environment, almost always with significant mindfulness of the importance of appropriate role models in or close to their family units. There is no credible evidence to support the suggestion that children of lesbian parents are at any disadvantage developmentally compared to others. It is timely that the law reflects this.
The 'need for a father'
The present legal requirement upon fertility clinics to consider the 'need for a father' before granting treatment routinely encourages lesbians to make informal arrangements outside the safety and protection of formal healthcare. Soon, clinics will instead be required to consider the need for 'supportive parenting'. This will ensure lesbian couples are not unfairly discriminated against.
Legal parenthood
The new legislation will mean that same-sex couples, including civil partners, are legally recognised as parents of children conceived during their relationship, from the moment of conception. Currently, same-sex partners must formally apply to adopt any child born in a relationship, in order to become a parent.
The Bill in Parliament
The Bill received detailed scrutiny by both Houses of Parliament following its publication in draft in May 2007.
The House of Lords passed the Human Fertilisation and Embryology Bill on Monday 4 February. Peers rejected an amendment which would have had a negative impact on lesbian couples and single women seeking assisted fertility treatment at fertility clinics. Peers voted against it by 164 votes to 93 during Report stage debate on 21 January 2008.
On Tuesday 20 May, MPs voted by a significant majority to reject amendments to the Human Fertilisation and Embryology Bill which would have made it more difficult for lesbians to receive fertility treatment at safe, regulated clinics.
During Commons committee MPs voted to support the Bill in its current form, replacing the existing requirement for clinics to consider the 'need for a father' with a duty to consider the need for 'supportive parenting' before granting treatment. MPs rejected a first amendment by a majority of 75 votes (292 to 217) and a second by a majority of 68 (290 to 222).
In the final Commons debate on Wednesday 22 October, MPs voted by 355 to 129 to pass the Human Fertilisation and Embryology Bill.
The House of Lords gave the Human Fertilisation and Embryology Bill final approval on Wednesday 29 October. The Bill received Royal Assent on 13 November.
Read Stonewall's guides to the current law:
Download 'A guide to the current law and how it works'
Download 'A guide to conception through donor insemination'
Download 'A guide to co-parenting'
Click here for more info on parenting
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