Bid to update parental rights for same-sex couples on Isle of Man

Tanya August-Hanson sits on the Isle of Man's legislative council

The parental rights of same-sex couples should be improved, a member of Legislative Council has said.

Tanya August-Hanson is asking for views on plans for a private members bill to match UK laws.

Currently same sex partners are not automatically recognised when a baby is born after fertility treatment.

Only the birth mother and genetic father are able to register as parents on the birth certificate and therefore acquire parental responsibility.

The proposals would bring the island's laws in line with the UK Human Fertilisation and Embryology Act 2008.

'Promote equality'

Under UK legislation a woman who is either married to or in a civil partnership with the birth mother automatically becomes a legal parent and is named on the birth certificate.

For unmarried women in the same position, consent from both partners must be attained before fertility treatment takes place, to be recognised on the birth certificate.

The proposed bill would also address the laws surrounding surrogacy and a number of scenarios where two men may use a surrogate using donated eggs.

In these circumstances, the proposals would allow an application to be made to the High Court for the men to become legal parents and have the birth certificate in their own names.

Current surrogacy laws have not changed since the Children and Young Persons Act 2001 was introduced.

An consultation on the proposed changes to the legislation said if the law was not updated it could be in breach of the Equality Act 2017 where the was a "duty" in the public sector to "promote equality".

It also could be seen as "indirect discrimination against someone on the basis of sexual orientation", it added.

The public consultation is available online until 29 September.