Jersey's government urged to enact same-sex parental rights

Rio and Daniel's daughters were both born through surrogacy

Jersey's government has been urged to enact a long-awaited decision to give same-sex parents the same legal rights as mixed-sex parents without delay.

Politicians, charities and local families welcomed a unanimous States Assembly vote earlier this week.

There was criticism of the time it had taken for Jersey's laws to be updated to reflect modern family structures.

The Council of Ministers said law changes will come into effect by the end of the year.

'It just isn't fair'

"We couldn't be on the birth certificate for the girls from the word 'go'," said Rio, whose two daughters he has with his husband Daniel were both born through surrogacy.

Under current Jersey law, the birth mother and - if she is married to a man - her husband automatically become a baby's legal parents, even when the baby is not genetically related to them.

Legal parenthood can later be transferred through a parental order or adoption, although it can take a number of months for legal proceedings to be completed.

"By then you've created your bond with your children, with your family, and there's still that law hanging over your head that you're not their legal parents until six months later," said Rio.

"It just isn't fair and it isn't equal to every parent out there."

"It is frustrating," agreed Daniel.

"We go into the process with our eyes open, but it could be so much easier."

Deputy Louise Doublet held political responsibility for the topic before Jersey's previous government fell in January

As a result of this week's vote, islanders who use surrogacy will be able to become legal parents without having to adopt their own child.

It will also become possible for both same-sex parents to be named on a Jersey birth certificate.

The decision has been warmly welcomed by people who have long campaigned for equality.

But some have also spoken of their frustration at the length of time it has taken for laws across the Channel Islands to be changed.

'Leading the way'

"We were told in 2015, at the time of the equal marriage legislation, that it would be imminent," said Kaye Nicholson, the incoming CEO of equality charity Liberate Jersey.

"I think we're on the fourth government iteration now. It has taken a long time."

She continued: "It means that our children are going to be treated the same.

"It means that we don't have to go through lengthy and costly court processes to gain those legal rights as the parents of our children.

"Jersey is now leading the way in the Channel Islands with this legislation.

"It would obviously be lovely if the other Channel Islands could also see this enacted for their families as well."

Jersey's children's commissioner, Dr Carmel Corrigan said it was a progressive piece of legislation

Constable Richard Vibert, Jersey's Minister for Children and Families, said the newly agreed parental rights are due to be enshrined in law by the end of 2024.

But more than 30 pieces of existing legislation need to be amended in order for the process to be completed.

And Liberate has been joined by Deputy Louise Doublet, who held political responsibility for the topic before Jersey's previous government fell in January, in calling on officials to ensure that there are no more delays.

"I would urge the government to keep the pace going and complete that work by the end of this year," said Ms Doublet.

"I hope the new government will work to that timetable so by the end of 2024 all same-sex parents and their children can have those human rights realised."

'Emotional journey'

Commenting on the forthcoming law changes while speaking on her first day in her new role as Jersey's children's commissioner, Dr Carmel Corrigan said: "It is a progressive piece of legislation in that it equalises the rights of the children involved.

"Although it talks about parental rights, it really will affect the children in the long run.

"It's a piece of legislation that is quite similar to legislation in other parts of the world, so I think this is a step forward, and I think we have to recognise and we have to welcome every step forward towards making children's rights real and lived in Jersey."

Meanwhile, Rio and Daniel have praised the States Assembly decision, and noted that law changes would benefit all Jersey couples who cannot carry a baby themselves.

"It's such an emotional journey to get to that point where you need surrogacy to have children," said Daniel.

"Just to have that bit of stress taken away, and that validation that you are the child's legal parent… from an emotional point of view, for us it would have been just one less thing to worry about."