Same-sex parents still yet to achieve equality in the island

Tuesday 19 February 2019

While same-sex parents remain unable to be listed as joint parents on their children's birth certificates registered in Guernsey, there are options available to them, the island's equality charity has pointed out.

In the week of its fifth birthday, Ellie Jones from the Channel Islands' equality and diversity charity Liberate, said there is still a crucial piece of legislation affecting same-sex couples who have children together in the island.

Despite same-sex marriage laws and adoption laws in the Bailiwick being updated in line with other jurisdictions to allow non-heteronormative couples to marry and adopt, the issue of parents as named on birth certificates means there may be "equity but not equality" for prospective parents.

Currently same-sex parents who aren't able to be named on their children's birth certificates risk difficulties in the event of a split or divorce when it comes to custody of the child or if one or both parents needs to apply for an extended living permit.

Under the current 1935 law, same-sex parents essentially have to register the birth under one name, usually the birth parent, give their own children up for adoption and then adopt with both parents on the birth certificate in order to obtain the same rights for their child as any other couple, but there is another option.

Vice Chair of Liberate, Ellie Jones, said that while straight surrogate parents are able to list either mother or father as such on the birth certificate without question, the 'mother' and 'father' section on the birth certificate leaves no leeway for same-sex couples.

Pictured: Liberate Vice Chair Ellie Jones. 

"It's something we'll be pushing for but we understand it's very complex and involves talking to all three committees; Employment and Social Security, Policy and Resources and Health and Social Care," she said.

"We've had a few meetings, the States are working towards getting these things started but it's about meeting those expectations as to how things can change. There are so many laws that affect getting it through. It affects the surrogate law and adoption laws which they were looking to up date anyway. We've had a great meeting with deputies from across all three departments and we've had promises that there'll be a push towards this from them.

"We want same-sex parents to know their rights, people assume they now have the right to be named on the birth certificate because of the adoption law and marriage laws but they aren't. What the Greffe has allowed us to do for now is to allow parents to fill in the registration document correctly but not complete the birth certificate and they will update birth certificates retrospectively when the law comes in.

Ms Jones added: "We're not particularly bothered about the wording when the law comes in, it could just state each parent as 'parent' [rather than mother and father]."