Work is ongoing to change a 91-year-old law so that same-sex parents can both be named on their children’s birth certificates.
Despite not being prioritised under the Government Work Plan in recent years, Policy and Resources has said its “members are sympathetic to islanders who are impacted by the limitations of the 1935 birth registration legislation”.
The then-States had agreed to change the law following a successful amendment debated in July 2020, when the island’s anti discrimination ordinance was being scoped.
P&R says it has revisited the work started by their predecessors and have agreed to launch a public consultation on the issue.
“Once this has been completed and considered, a Policy Letter will be finalised and submitted,” said P&R in response to questions posed by Deputy Jayne Ozanne.
She had asked when will same-sex parents be able to obtain birth certificates for their children that carry both their names.
She said this will enable them to get a passport to travel independently with their children. She also asked if those parents will be able to reclaim the “not insignificant costs they have incurred whilst waiting for this policy to be finally implemented”.
P&R has said there won’t be any way to reclaim any money, because a birth certificate is ultimately intended for use by the child not the parents.
P&R also acknowledged that the work to update the 1935 law, so that two mums or two dads can be named on a baby’s birth certificate, has taken longer than supporters would have hoped.
“This work is more complicated and nuanced than anticipated by the sponsors of the Amendment due to the number of competing human rights involved, such as those of donors, intended parents, surrogates and the child,” explained P&R.