Lesbian mums in dispute: fertility law, child maintenance and what makes a parent

A lesbian couple who had conceived a child together through donor insemination at a UK clinic recently ended up in the High Court after their relationship broke down. Their dispute involved a ten-year-old child, and the issue was whether the non-birth mother (who the court had already given legal decision-making status as a parent) should be ordered to make financial provision for her child.
The story itself of course isn't that unusual - parents separate and divorce all the time and many end up in court arguing over contact or finances. What makes this case interesting is the family was created through fertility treatment and the partner pursued for maintenance was not the biological mother.

The court had to ask whether the lesbian non-birth mother was legally a 'parent' and - specifically - whether her full hands-on parenting involvement in her child's life was enough to make her financially responsible, even though she was not the biological mother.

The answer seems pretty straightforward from a moral perspective. The non-birth mother had been fully involved in her child's care and upbringing, had regular contact with her child, and had successfully (and not long before) applied to court for joint residence and parental responsibility. The law recognised her as a parent for the purposes of decision making and there was no legal father since the child was conceived with anonymous donor sperm.

The child would have only one parent (the birth mother) and considerably less financial security if the non-birth mother was not financially responsible. As the birth mother's lawyers argued in court, it would be 'grotesque' for the court to decide the non-birth mother should not have to maintain a child she had helped bring into the world and was actively parenting.

The law is not always fair. The rules on financial responsibility say explicitly only a legal 'parent' can be ordered to pay. These rules are more black and white than those on matters of contact and parental decision-making, where the family courts often have discretion to act in the best interests of a child.

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