Timeline of LGBT+ Parenting Rights
Looking through any timeline of LGBT+ rights provides an opportunity for education and reflection. On the one hand, we can see how much has changed and how much progress has been made over the past 50 years. On the other, we can see more clearly what parenting rights LGBT+ people still do not have today.
This timeline starts in the mid-70s and takes you up to present day. Some of dates you might be familiar with, others may shock, upset, or surprise you.
This timeline is a resource for the first ever LGBT+ Parents and Carers Day. Please share this among your personal and professional networks to raise awareness about LGBT+ parenting rights and ensure that this long and hard journey closer to equality is recognised and remembered.
1976 - Feminist magazine Spare Rib documented the campaigns for a change in the law to stop lesbians being classed as ‘unfit mothers’ and losing custody of their children as a result.
This illustrates the moral panic that perpetuated around LGBT+ parents who ‘deviate’ from societal norms. These attitudes are used to make out that non biological parents are less legitimate than the birthing/biological parent. As recent as early 2023 in the US a mother was stripped of her parentage following her ex-partner arguing she was not the ‘real mother’. A stark reminder at how fragile legal structures can be.
1988 - Section 28 of the Local Government Act: The law made it illegal for a Local Authority to "intentionally promote homosexuality or promote the teaching in schools of the acceptability of homosexuality as a pretend family relationship”.
1990 - World Health Organisation declassifies same-sex attraction as a mental illness
(This is why the founders International Day Against Homophobia, Biphobia, and Transphobia picked this date, it was declassified on 17th May.)1991 - The Human Fertilisation and Embryology Act introduced regulation for UK fertility clinics
The new law explicitly aimed to stop single women and female same-sex couples accessing treatment with donor sperm by requiring fertility clinics to consider a child’s ‘need for a father’ before offering treatment.
1997 - X, Y AND Z v THE UNITED KINGDOM (name of a court case)
In X, Y and Z v the United Kingdom the first applicant, X, a trans man, was living in a permanent and stable union with the second applicant, Y, a woman. The third applicant, Z, was born to the second applicant as a result of artificial insemination by donor. The applicants submitted that the lack of legal recognition of the relationship between X and Z amounted to a violation of Article 8 of the Convention.
Whilst the Court concluded that there had been no violation of Article 8 (right to respect for private and family life), it did nonetheless acknowledge the existence of family life between a transgender man and his partner’s child: “X has acted as Z’s “father” in every respect” since the birth. In these circumstances the Court considers that the [de facto] family ties link the three applicants.”1999 - Sex Discrimination (Gender Reassignment) Regulations
Expands the Sex Discrimination Act 1975 to include discrimination in the workplace based on the grounds of ‘gender reassignment’.2000 - Scotland abolishes Section 28
2002 - Equal rights granted to same-sex couples applying for adoption
The Adoption and Children Act 2002 comes into force allowing unmarried couples, including same-sex couples, to apply for joint adoption.
Some of the challenges here are still around the culture of institutions who have had to unlearn the need for applying ‘gender roles’ to the raising of children.
2003 - Section 28 is repealed in England, Wales and Northern Ireland
At last, lifting the ban on local authorities from ‘the teaching in any maintained school of the acceptability of homosexuality’.2003 - Employment Equality (Sexual Orientation) Regulations becomes law in the UK
This makes it illegal to discriminate against lesbians, gay and bi people in the workplace.
2004 - The Civil Partnership Act 2004
This grants civil partnerships in the United Kingdom. The Act gives same-sex couples the same rights and responsibilities as married straight couples in England, Scotland, Northern Ireland and Wales.2004 - The Gender Recognition Act 2004
This gives trans people full legal recognition in their appropriate gender. The Act allows trans people to acquire a new birth certificate, although gender options are still limited to ‘male’ or ‘female’.2007 - The Equality Act (Sexual Orientation) Regulations 2007
Outlaws the discrimination in the provision of goods, facilities, services, education and public functions on the grounds of sexual orientation.2007 - Law changes in Scotland give same-sex couples equality in adoption and fostering
2008 - The Human Fertilisation and Embryology Act 2008
Recognises same-sex couples as legal parents of children conceived through the use of donated sperm, eggs or embryos.2009/10 - Fertility clinics’ duty to consider the child’s ‘need for a father’ was abolished, and new anti-discrimination laws protected same-sex couples accessing fertility treatment
2011 - UK Courts rule in favour of gay couple, Martin Hall and Steven Preddy, when owners of a bed and breakfast refuse to provide them with a double room
2012 - Proud 2 b Parents develops into a organisation to support LGBT+ parents / carers 2 b, and LGBT+ parents/ carers and their children!
2013 - Same-sex and unmarried couples can now adopt in Northern Ireland
2014 - Marriage (same sex couples) Act becomes law in England and Wales
This enabled female same sex parents to be able to be recognised if the child was born from artificial insemination through a known donor.2014 - Scottish Government passes legislation allowing same-sex couples to marry in Scotland
2015 - Male same-sex parents with children born through surrogacy were given the right to adoption leave From this date on, one parent could claim the equivalent to maternity leave and pay, and the other paternity leave and pay.
2016 - A key High Court decision ruled that the law discriminated against single parents through surrogacy. There is now no legal bar for single parent surrogacy. However the law around surrogacy is still outdated and flawed. There is no legal protection for intended parents until an adoption order is granted.
2019 - The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018
This was the result of a 2016 court case where a single dad through surrogacy won a ruling that the law was discriminating unfairly against him. The law change enabled single parents through surrogacy to apply for a parental order to become their child’s sole legal parent.2021 - A lesbian couple, Megan and Whitney launched a groundbreaking judicial review against a NHS Clinical commissioning group over a discriminatory fertility policy. 38 out of 42 regional Integrated Care Boards (ICBs) in England still require female same-sex couples to self-fund at least six cycles of IUI before they are eligible for NHS IVF treatment. Some even require up to 12 cycles of self-funded artificial insemination This discriminates against LGBT+ couples as it places a huge additional cost heterosexual couples do not have to pay. In addition, no IUI or IVF treatment is NHS funded for surrogacy.
An article published in 2024 reports what happened with the 2021 review, and highlights how access to fertility treatment is still a postcode lottery across the UK, and what the government still needs to address.2020 - Same-sex marriage becomes legal in Northern Ireland
2020 Freddie McConnell loses UK legal battle to register as his child's father on birth certificate This means that while Freddie has legal recognition as a man, he must be listed as the ‘mother’ on his child’s birth certificate.
2021 -The UK census includes questions on gender identity and sexual orientation for the first time, meaning that data can be gathered on the numbers of LGBT people across the country
2024 - The first ever LGBT+ Parents and Carers Day
Created by Proud 2 b Parents, celebrated and acknowledged by YOU!!
Today hundreds of thousands of people are affected by omissions in law or out of date legislation.
There are too many to list them all here, but one example is: the non-birthing parent in an unmarried female same-sex couple, who conceives using a known donor at home, is not a legal parent.
This more frequently affects parents who cannot afford treatment in a fertility clinic, and are therefore less likely to be able to afford the legal costs of adopting their own child. This lack of legislation can have devastating effects if the birthing parent passes away or the couple separates.
These medical and legislative factors have had significant consequences for LGBT+ people in middle and older age with regards to how they have (or have not) been able to have a family life with children.
Many were unable to become parents or carers, and this was a source of unimaginable sadness, heartache, and distress. Others were only be able to have children in heteronormative or cisnormative relationships, and were unable to be ‘out’ in case that jeopardised their family life and contact with their own children.
The opportunity to ‘come out’ or be freer in their identity may have only come about once children had grown, or as a result of separation/relationship breakdown.
Before these rights were granted, families conceived using donors or surrogacy arrangements had little to no legal protections and were also denied the financial benefits that cis opposite-sex couples could have automatically.
Great anxiety and distress was caused if families had to hide their family structure, or if their family structure wasn’t recognised in day-to-day life such as in school or healthcare settings.