Same-sex couples are now more able than ever to start a family – Kara MacGregor-Duke

A same-sex couple had a child using donated sperm but because they were not married at the time of conception only the birth parent was initially noted when the birth was registered

New ways to start a family are being created that reflect changing social attitudes (Picture: Justin Sullivan/Getty Images)

The idea of what a family looks like continues grow and evolve as society develops and, while there used to be one model that dominated all others, significant changes in family structure have taken place over the past few decades. New ways to build a family are reflecting new ways of living together in harmony, and one example of note was highlighted in a recent instruction I received in respect of an application for adoption.

My client, the wife of a same-sex female couple, and her then partner were unmarried at the time of conception, but had been in a committed relationship for a few years. They were keen to create a family, but understood that, to do so, they would require to potentially go through formal means to find a sperm donor, undertake IVF treatment and fund the not-inconsiderable costs associated with that.

The couple decided on an alternative course. They engaged instead with a website where male donors advertise their sperm for donation and started to talk to one donor in particular on a “forum” basis. This meant that communication between the parties was private.

After talking to the donor for some time and satisfying themselves on the information they wanted to know about him, the three of them decided that he would be the ideal sperm donor to allow them to create a family. Arrangements were made for the couple to receive the sperm donation, and the couple carried out insemination themselves. They conceived and, during the pregnancy, they married.

The couple sought to register the birth but, as they were not married at the time of conception, only the birth parent was able to be noted. This meant my client had to formally adopt the child in order to be noted as the second parent. Recently, the adoption was granted and my client was delighted to now legally be the child’s parent.

In an age where the nature of families is ever-changing, there are two ways to look at this scenario. The first is that caution should be taken from a legal and safety standpoint. Where the donor is not known, no medical checks are carried out in respect of the parties, nor indeed of the sperm itself.

However, the positive aspect is that there are genuine people out there wishing to help families be created, and that should be celebrated. If it was not for this male donor, our clients may not have had a beautiful child and started their family.

Meanwhile, adoption statistics show a rise in applications, year-on-year, including same-sex couple adoptions. There may be a few reasons for this, one of which being that more same-sex couples are opening themselves up to fostering, which is important for children who may be in care.

Often, fostering placements can lead to adoption. Alternatively, and as discussed, same-sex couples are now more able than ever to create their families which may well be cause for the rise in adoption figures.

Kara MacGregor-Duke is an associate at Complete Clarity Solicitors and Simplicity Legal