Children of same-sex partner – part 1

In re G (children) [2005] EWCA Civ 462

The respondent (G) and W had been in a same-sex relationship, during the course of which they had enlarged their family by the birth of two children. Both children were the biological children of G and had been conceived by anonymous donor insemination. Following the couple’s separation, and following an intention stated by G that she wished to relocate with the children, W had sought a joint residence order with the result that she would have parental responsibility and could therefore have proper legal involvement in the children’s lives. The judge held that the sharing of parental responsibility would have resulted in endless disputes between the parties which may have required the court’s intervention to resolve such issues as education, accommodation and health and accordingly refused the application.