Gordana Balać succeeds in legal argument to determine the parental responsibility of a former same-sex partner in relation to a subject child. Gordana acted on behalf of the Respondent, the child’s biological mother.
The case concerned a child (X) who had been born to the Respondent (BM), the gestational mother, and BM’s former male partner, the biological father (F). F was not named on the child’s birth certificate.
BM’s former female partner (AR), with whom she was in a relationship at the time of the child’s birth, had asserted herself as a mother of the child and sought to prove her parental responsibility, as both BM and AR were listed on the child’s birth certificate. It was accepted by both parties that AR was not a biological parent of the child.
Gordana made submissions that under s.4ZA of the Children Act 1989, unmarried same-sex partners could not automatically acquire parental responsibility unless they were deemed to be a ‘parent’ by virtue of s.43 of the Human Fertilisation and Embryology Act 2008.
Relying on P v Q and F (Child: Legal Parentage) [2024] EWCA Civ 878; [2024] 2 FLR 1201 and Re J (loss of Parental Responsibility) [2026] EWCA Civ 344, Gordana argued that the status of a birth certificate, whilst it holds some weight, is not conclusive when determining legal parentage and parental responsibility, and that in the case of former same-sex partners registration on the child’s birth certificate alone was insufficient.
Gordana also argued that, in circumstances where AR was seeking spending time contact arrangements with the child, her lack of formal status in relation to the child should exclude her from being entitled to pursue proceedings in relation to child arrangements.
The Judge found in favour of the BM, the Respondent, and made a declaration confirming that AR did not have parental responsibility. As such, applying section 10(4) Children Act 1989, AR did not have entitlement to apply for a Section 8 order as of right and would need to apply to seek permission to issue a further application for contact.
Gordana was instructed by Kate Siddall and Michael Presland from Atkins Hope Solicitors.