2 women 1 baby no case?

Peanuckle

Bear with me as this could get complicated

My husband's ex (let's call her was in a same sex relationship (with C) for 2 years. B & C had started IVF treatment in the middle of 2006 but they split up in October '06 due to C's physical abuse of both B and my step-son.

Still with me?

C went ahead and had her last IVF treatment in November '06 and fell pregnant. She has now informed the CSA of B's details and said they will be in touch for maintainance.

Personally I think this is just bull from a very domineering person who is after getting her doormat back but would there be any case to answer? B has no genetic link to the baby, has never lived under the same roof and was out of the relationship before the child was even concieved.

Can I reassure B that she doesn't have to have anything to do with this woman or will the CSA be knocking on her door?


Thank you for any replies

daisy_doughnut_2

i had to read that a few times

B is not the father so surely there is no case

was it a sperm donnor?

N71

Very complicated!!

It sounds very much like bull to me.

If the CSA did contact B, (which i'm sure they wouldn't waste there time doing) she just needs to tick the first box to deny paternity (or would it be maternity!), and wait to go for DNA testing!

As long as B didn't legally adopt the child she has nothing to worry about.

A very interesting situation though!

Cozworth806

Hmm, the legislation under sec 26 does allow for IVF to be considered but from the way you are saying it this wouldn't apply, I am unsure if a same sex couple have to adopt any child they would be born, or if the IVF paperwork already allows for that.
The issue may also be if the woman signed anything to consent to the original course of IVF and how much that consent allowed for, which the other woman may use to persuade the CSA to open the case.

Peanuckle

B did sign to consent for the treatment (actually it was IUI or something like that) but as they split prior to the insemination surely that wouldn't apply?

The father was an unknown donor, (wouldn't be surprised if she'd picked up a lad to try to increase her chances to be honest, as AFAIK she had no fertility problems other than not having a male partner)

Sorry that does sound bitter but this women is a bully and I really feel sorry for her child after seeing what she did to my stepson's confidence

daisy_doughnut_2

i would go seek some legal advice with so many new rules an regs an not to mention loop holes

maybe b should have told the clinic that she no longer gave consent as they had split

imagine if c was a man an slept with b with out protection
c is giving consent for his sperm to be used so if it resulted in a baby then there is nothing c can do if b wants the baby an asks for csa

really as c didnt say no your no longer having that sperm for IVF then c is now stuck as b used the sperm

seems they both talked about it an decoded a baby was a good thing
what if the pregnacy was already in full bloom an the split happened?

why doesnt c go for custardy if b isnt deemed to be a good parent

if b an c are looked upon as the parents then it doesnt matter who gave birth they both have the same rights

hope i got all the b an c in the right place

Peanuckle

I see your point but surely C made a decision to go ahead with the treatment knowing she would be a single parent?

B tried to make a clean break because of the violence and therefore wants nothing to do with the situation, she's never even seen the baby, so custody isn't something she would consider. I'm afraid the extended family of it's mother would have to deal with that.

daisy_doughnut_2

you need to have the forms she signed looked at by professional to see if she is contracted to be a legal prent of this child

god that sounds awfull

Kimitatsu

Ok I am looking at this from an outside point of view as I dont work for the CSA unlike some of you lovely people.

If B has no genetic link to the child and has not lived with the child for 4 years as a family then she has no legal responsibility to it?

Or have I missed something?

In the event that it is decided that is the case (would love to know the law behind it mind given the advice below) then she can ensure that the CSA cannot divulge her details as there is a box on there for violent partners that she can tick.

From the CAB's advice guide:

A woman who has given birth to a child has automatic parental responsibility. So does a man who was married to the mother at the time of the birth, although he can get parental responsibility in other ways too.

If you're the lesbian or gay partner of a child's parent, you have no automatic parental responsibility for your partner's children. This is because it is unlikely that you and your partner will both be the birth parents of your child.


However, you can ask a court to give you parental responsibility of your partner's child. You can do this whether you and your partner are civil partners or just living together.


If you are in a civil partnership, you will become the step-parent of your partner's child. This will not give you automatic parental responsibility of the child, but you can apply for it.
If you are a woman in a civil partnership and your partner has a child, you become a step-parent and can apply for a parental responsibility order. This is not the case if you are a man. If you are living with someone and your partner has a child, you do not become a step-parent, but you can apply for a parental responsibility order.

Peanuckle

It's a very confusing situation and many thanks for the replies. I have advised B to contact the CAB and consider legal advice but told her to make sure she tick the box denying that she is the child's parent.

I was told today that a local lad is worried he is the father so it seems this saga is getting more like a flaming soap opera by the day.

Cozworth806

It will be easier for her (C?) to prove that the lad is the father than B, but I do know that consented IVF is automatically accepted as proof of parentage, as there is no chance of a DNA test showing up positive.

However as mentioned I am unsure of the law where there are two women involved.