States plan recognition for same-sex parents on birth certificates

Tuesday 10 July 2018

Jersey might have just celebrated its first ever same-sex marriage, but should that couple want a child, only one of their names would be allowed on the birth certificate under the current law.

When a child is born in Jersey, their birth certificates only have spaces for a ‘mother’ and a ‘father’, meaning that same-sex couples cannot both be included on their child’s certificate.

When questioned by Express, a spokesperson for the Superintendent Registrar’s Office said that the work to change this was in hand – but it might not be until 2019 or later that the law is actually changed.

While it might seem as simple as amending a document, the change would actually require amendments to two laws.

Pictured: Allowing two mothers or two fathers to be listed on birth certificates would involve changing two laws.

“Both the Marriage and Civil Status Law and the Children’s Law would need to be amended to allow changes to parents’ names on birth certificates,” the spokesperson explained.

“This work is planned, and its relative priority will be established as part of the Council of Ministers’ Strategic Plan, which is due to be published in the autumn,” they added.

The news follows Jersey's first ever same-sex wedding yesterday and a recent surge of attention in the matter across the other Channel Islands, after two mothers in Alderney spoke out about their difficulties.

One of the pair is the biological parent, while the other is pregnant with the baby. But both have been told they can't both be named on their child's birth certificate as there is only one space for 'mother' and 'father' each.

Pictured: Two mothers in Alderney recently raised the issue, sparking discussion in the States of Guernsey.

The couple already have a daughter who was born in Australia, where her biological mother is from. Their child has 'mother' and 'mother' listed on her birth certificate. The couple have been told their new daughter can't have both mothers listed on her birth certificate as there is only one space for 'mother' and then they will have to leave a gap.

The equality charity Liberate, which operates in Jersey and Guernsey, has already been asked to work with the States of Guernsey on this issue, proving the work has started to update the decades-old law.

Liberate's Vice Chair Ellie Jones said it is one of a number of issues the charity is working on with the States that affects the rights of same sex couples as parents.

"It is heart breaking for couples not to be able to be named as parents on their child’s birth certificate," she said. 

"We are however very pleased that the States [of Guernsey] have made a public commitment to rectify this and to push for the changes to be made retrospective. We would hope that the legislation can be updated as speedily as possible to reflect the modern society we live in. Unfortunately, it is a more complicated procedure than just updating a form to be inclusive."

"We would like same sex parents to note that the Greffe will accept a birth registration form with the correct information on i.e. with both parents. This will then allow records to be updated quickly and easily when the law is changed, and made retrospective. Liberate have been in conversation with the Greffe who are happy to accept these and have done so this week on behalf of a local same sex couple. The Greffe cannot however enter both details on the birth register or birth certificate at present due to the current law."

Ms Jones said this matter and others related to same sex couples as opposed to straight couples needs putting right: "The inequality for LGBTQ couples compared to straight couples in the same situation does need to be addressed as soon as possible, as it also has knock on affects for custody and maintenance issues should a couple split up, just to name a few potential issues."