Lesbian parents and biological fathers – leave to apply for contact

Abstract

In Re G; Re Z the high court considered, for the first time, applications for leave to apply for s.8 orders from two biological fathers who had conceived children with two lesbian couples. This case comment discusses the decision to grant leave to both applicants to apply for contact orders but to refuse the application made by one of the applicants for leave to apply for a residence order and highlights the policy implications of the decision for the recognition of such families.

Keywords::

• lesbian parents
• known donor
• Human Fertilisation and Embryology Act 2008
• contact
• residence
• leave to apply

Acknowledgements

I would like to thank Anne Barlow, Gill Butler and the case note editors for their input and constructive comments.

Additional information

Funding

This work was supported by the Economic and Social Research Council [Grant Number: ES/I010297/1].