MN1 form same-sex parents

[kabuki]

The form asks for the details of the parents. However, it asks for father and mother. Obviously, there is no father as we are two women. I'm non-EEA and birth mother. My wife is an EEA national and the other parent. However, there is no 'other parent' option. The success of the application is reliant on her as she's the one who has been exercising treaty right for 5 continuous years. We have to apply as our son was born 6 months before she reached the 5 year mark.

Should we just put her down as the father and then explain somewhere on the application? We are both on the birth certificate. Other forms have the 'other parent' option over father, but not this one.

Any help? Thanks.

[secret.simon]

Assuming that the two of you are in a marriage or civil partnership, the woman who did not bear the child should count as the "father" of the child, based on Section 50 (9A)(ba) of the British Nationality Act 1981.

(9) For the purposes of this Act a child’s mother is the woman who gives birth to the child.
(9A) For the purposes of this Act a child’s father is—
(a) the husband, at the time of the child’s birth, of the woman who gives birth to the child, or
(b) where a person is treated as the father of the child under section 28 of the Human Fertilisation and Embryology Act 1990 or section 35 or 36 of the Human Fertilisation and Embryology Act 2008, that person, or
(ba) where a person is treated as a parent of the child under section 42 or 43 of the Human Fertilisation and Embryology Act 2008, that person, or
(c) where none of paragraphs (a) to (ba) applies, a person who satisfies prescribed requirements as to proof of paternity.]

You can quote the above sections when making the application.

[Obie]

No no, the woman can be counted as another parent, not the father of the child.

By virtue of section 45(1) of the act, no one is to be treated as the father of the child.

[secret.simon]

No no, the woman can be counted as another parent, not the father of the child.

By virtue of section 45(1) of the act, no one is to be treated as the father of the child.

The way I read it, the "other parent" under the Human Fertilisation and Embryology Act 2008 is counted as the "father" for the limited purpose of the British Nationality Act 1981.

(9A) For the purposes of this Act a child’s father is—
(ba) where a person is treated as a parent of the child under section 42 or 43 of the Human Fertilisation and Embryology Act 2008, that person,

So, a female second parent under the HFEA 2008 becomes a father for the purpose of the BNA 1981.

[Obie]

Yes secretsimon I do see your point, however such position is clearly at variance with section 42 of the Human Fertilisation and Embrology Act.

It seems indeed that 9A(Ba), appears to imply what you say.

It has to be made clear that the HFEA does not confer father status to these people, only the BNA 1981 that appears to allow them to be treated as if they are father.

I guess being treated as if one is a father, and actually being a father, are two different concept.

[kabuki]

Thanks. Not sure how much clearer it all is though. You think they'd have sorted this on the government forms. My wife isn't listed as the father on the birth certificate, but the other parent. Seems to me other forms should be updated to reflect this.

[Obie]

You partner is not a father, when regards is had to the definition of the word father, and section 45(1) of the HFEA does make is clear that no one will be treated as the father of the child.

However section 50(9A) (Ba) of the nationality Act 1981, indicates that if you were in a marriage or civil partnership with this woman at the time of the insemination, that she was residing in the UK at the time of the insemination, and signed papers consenting to it, then she may be treated as if she is a father of the child.

[barabashka]

The form asks for the details of the parents. However, it asks for father and mother. Obviously, there is no father as we are two women. I'm non-EEA and birth mother. My wife is an EEA national and the other parent. However, there is no 'other parent' option. The success of the application is reliant on her as she's the one who has been exercising treaty right for 5 continuous years. We have to apply as our son was born 6 months before she reached the 5 year mark.

Should we just put her down as the father and then explain somewhere on the application? We are both on the birth certificate. Other forms have the 'other parent' option over father, but not this one.

Any help? Thanks.

Are you completing paper or online form? If I remember correctly when I completed the online form recently, it was stating "parent 1 or a mother" and "parent 2 or a father". This way you can indicate the other mother in this section, and probably provide clarification statement in the allocated space at the end of the form.
Even if it does not say "other parent" in the form, I am sure HO will accept the clarification.

[kabuki]

I've looked at both and both state Father, no parent 1/parent 2. I'm emailing them to clarify.

[Obie]

See page 26 of UKVI guidance.

https://www.gov.uk/government/uploads/s ... 2.0EXT.pdf