Unique Aspects of LGBT Domestic Abuse
There are major differences in the law which could have an impact on a same sex parent who is experiencing domestic abuse in terms of their right to contact with their child, as they may not have parental rights under the law.
There are many diverse families, these are a few examples:
1. An LGBT person could have a child from a previous marriage with someone from the opposite sex, and then that child could reside with that LGBT person and their new partner. The child could have a variable of 2, 3 or 4 parents.
2. An LGBT person could adopt or foster a child. New legislation is now in force, but previously only 1 of the 2 parents was able to formally adopt, so although there are 2 parents only 1 parent has legal rights and responsibilities.
3. A lesbian or bisexual woman could be artificially inseminated to have a child with her partner, but only the biological partner would automatically have legal rights and responsibilities.
4. A gay couple could go through surrogating procedures, where one of them has their sperm inseminated in a woman, again only the man whose sperm was used would automatically have legal rights and responsibilities.
This diversity could possibly lead to further complications under the law for LGBT people who are experiencing domestic abuse.
The Law
The Civil Partnership Act 2004
This does not give step-parent rights in the same way marriage does. This could have an impact on a person’s right to contact with their child if they have to leave because of domestic abuse.
The Adoption and Children (Scotland) Act 2007
This will, in many cases, remedy some of these issues. However, this is not yet in force and may still have an impact on people who were not able to adopt at an earlier stage, as the abusive partner may not allow it at a later stage when the Act is in force, so these issues may remain for quite some time.
The law can at present give some rights to a same-sex parent who is not the biological parent, but it is not something which is necessarily straightforward or automatic even when it can be shown there is a good relationship with the child. There have been some promising cases in court where the child has had a better relationship with the non-biological parent and some rights and contact have been given.
All images are for illustrative purposes only & all persons depicted are models.
