The Scotsman
Anger as lesbian couple win full parental rights
April 8, 2002
JAMES DOHERTY
A LANDMARK
legal ruling which gives a lesbian couple the same parental rights as
heterosexuals has been greeted with outrage from church leaders and family
campaigners.
The women, who cannot be identified, won the parental
rights over each of their two children, in a case which was heard in private at
Edinburgh Sheriff Court.
The women began their relationship two years
ago and one, ‘Pam’, has a four-year-old son, ‘David’. The second woman, a
30-year-old teacher called ‘Natalie’, has an eight-month-old son, ‘Cameron’, who
was conceived with the help of an anonymous sperm donor.
Sheriff Noel
McPartlin agreed to give both women parental rights over each other’s children,
after they found Pam could not give permission for Cameron to receive medical
treatment.
David’s father did not contest the application, which means
the boy now has three legal parents.
However, the move has sparked
outrage from campaigners who claim the ruling could harm the childrens’
development and leave them emotionally damaged.
Valerie Riches, the
founder of the group Family and Youth Concern, criticised the decision. She
said: "This is morally wrong. Nobody is thinking of the welfare of the children.
It is simply about the adults and what they want.
"Children need to have
a mother and a father to feel safe in a secure family unit. These women may be
able to feed and clothe these children but they can’t give them a normal
childhood and proper upbringing.
"My concern is for the future
development of the children. I am concerned for their emotional and sexual
development."
A spokesman for the Catholic Church said: "To suggest same
sex couples should have the same rights as married couples is a step in the
wrong direction.
"Children brought up by both biological parents, who
are married, are most likely to prosper."
Speaking to Scotland on
Sunday, Natalie said she and Pam can provide a loving family for their children,
just as a heterosexual couple could.
She said: "To me, family is about
cohesion, about bringing people together in a secure, loving, stable
environment.
"When David falls over he runs to one of us. When Cameron
sees me or Pam, his face lights up. That is family."
The historic
decision has been hailed as a "step in the right direction" by gay rights
campaigners, who are encouraging more couples to take similar action.
Tim Hopkins, of the Equality Network, said: "We are delighted by this
judgment because it offers the children of same sex couples the same stability
and legal protection that children of married couples or unmarried couples can
enjoy."
Wendy Sheehan, the lawyer who represented the couple, said:
"Family is a broad concept that has to take into account the reality of who is
caring for the child, not the biology of its parents."
Natalie and Pam
claimed they did not intend to strike a blow for gay rights in Scotland, but
wanted to make a stand for the rights of their own children. Pam said: "When we
talked to people they said ‘wow, you are doing a great thing’.
"But we
are not that interested in other people’s children. We are interested in ours
and we want them to have the best care possible."
The case will now form
the basis of an appeal by a lesbian couple living in Glasgow who recently went
to court to prevent a gay sperm donor who fathered their child from gaining
parental rights. They are contesting a decision by Sheriff Laura Duncan who
ruled that the women did not constitute a family unit.
A civil
partnership bill, introduced in January in the House of Lords by veteran
antidiscrimination campaigner, Lord Lester of Herne Hill, which would afford
same-sex couples many of the rights enjoyed by married couples has been
withdrawn to allow a select committee to examine the issue in the summer.
Jane Griffiths, a Labour MP, has introduced a similar bill in the House
of Commons, with the government saying it had "an open mind" on the issue. Under
a European directive, the British government must introduce anti-discrimination
legislation across a wide range of issues before December
2003.
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