The recent BBC drama “Lost Boys and Fairies” focused on a gay couple’s desire to adopt a child and highlighted the common experiences of those in the LGBTQ+ community wishing to embark on a journey to parenthood, as well as the legal considerations to be explored.
Adoption
The adoption process, which can take several months, involves a rigorous assessment stage, as illustrated in the BBC Drama. Prospective adopters can find this intrusive, with paperwork to complete, home visits, assessments, and numerous interviews with social workers. It can feel overwhelming, but this can be alleviated with the correct legal advice and support.
The drama also illustrated that prospective adopters can be single, married, in a civil partnership, or in a long-term committed relationship, and that adoption is open to those who meet the legal criteria to adopt, regardless of their sexual orientation.
Once a match with a child has been made, the prospective adopters apply to the Family Court for an Adoption Order. This extinguishes the parental rights and responsibilities of the birth parents and transfers legal parenthood to the adopters.
Each adoption is unique, and adopters can remain unknown to the child’s birth family. Alternatively, there can be post adoption contact with the birth parents which can consist of yearly updates and photos, all of which can be managed by the adoptive parents or through an Adoption Agency.
Surrogacy
Surrogacy is where a woman carries a child for another person, or a couple, with the intention that the child is cared for by the intended parents from birth. Whilst it is an increasingly popular route to parenthood, as it allows for one or both intended parents to be genetically related to the child, the law in England and Wales is often not what the intended parents expect.
The surrogate (and her spouse or civil partner, if she has one) is the child’s legal parent at birth. This means the intended parents must apply for a Parental Order once the child is born to transfer legal parenthood and parental responsibility to them.
Fostering
Becoming a foster parent is another popular option. Although fostering does not transfer legal parenthood to the foster parents, it offers children and young people a safe and nurturing home where they can experience life in a family setting.
Conclusion
For many LGBTQ+ families, the journey to parenthood can involve technical legal issues, and potential misconceptions about the processes involved, so it is important for them to seek out specialist legal advisors as part of their support network. Whilst the BBC Drama shows us that these processes can be gruelling, and emotionally charged, meaning that prospective parents must be flexible and resilient, it also highlights the various pathways open to them to create loving homes for their children.
