Lesbian couple fight for child born in Canada

[GleefulGlitch]

Story is in the Daily Mail if anyone wants to read it.

The jist is a british women living in Canada had a 9 year relationship with a Canadian women resulting in their marriage.

They used a sperm donor and the British women carried and birthed a child. Both women were on the BC.

The Canadian women wanted to take a job in the UAE however due to their laws as a lesbian she would be refused so she asked Bio mum to remove her name from the childs BC . This was done via the courts 1 year after the childs birth.

Canadian women went on to work in the UAE but later gave the job up and asked bio mum to put her name back on the BC. Bio mum refused there relationship had already ended.
Various things went through court which prevented Bio mum bringing the child to England or even applying for the childs Canadian passport.

Time passed and bio mum and the childs bio dad got together and had another child a boy abd fled the country.

Bio mum was arrested in Jersery and according to the article will be sent back to Canada with the child.

None bio mum wants custody/visitation.

In my opinion this should be denied.
The Canadian women as no bioligical ties to the child and chose to have her name removed from the BC therefore relinquishing parental responsibility so she could apply for a job.
The child is now 4 years old and could be taken away from her mother and brother and given to a women who has had no contact with her for 3 years and is no biological relation.

I am interested in hearing other peoples thought. Thanks.

And you somehow believe that you have the full story from The Daily Mail?

O what a tangled web we weave
When first we have a baby via sperm donor then remove our name from the birth cert to get a job in the UAE then our relationship breaks up and the other mum flees the country with the birth dad

And you somehow believe that you have the full story from The Daily Mail?

Not at all but I can base an opinion on the info provided. Of course there will be much more to it but i do believe that there are some fact such as bio mum/non bio mum and who of those has rights.

Does coming off the birth cert change the legal status of the non-birth mother as the mother? I don’t think you can change paperwork to become not an in parent. She should have the same rights as if she had be a birth father as she was the other legal and official parent at the birth of the child.

So I think she has every right to access.

enclume

I wonder if non bio mum had to adopt the child to gain PR or did her name on the BC mean there was no need and she had PR. Would that then mean if she removed her name from the BC she is giving up her PR?

I do find this area of law interesting.

if a hetero couple had a baby viw sperm donor, and brought the baby up together, even for 6 months, then the father would be considered to have full parental rights.

But in a lesbian couple somehow the non bio parent is not considered to be a full mum.

Think about that, if you have IVF via donor, (egg or sperm) then you are in same position as the non bio mum, ie the parent, but not biologically related.
If you adopt you are in that position too. We consider all of those parents to be parents, but somehow the lesbian mum, who isn't the bio mum gets zero sympathy from the public.

I think it was wrong for the british woman to take the child away from her other mum and flee the country. Biological tie or not, that baby was wanted by both women and the Canadian woman remains a mother regardless.

I find the whole birth certificate thing a bit odd and don't understand that part.. but would still think that the Canadian mum should get access to her own child. Hopefully the British mum and her new partner can settle happily in Canada again and they can raise their complex family quietly in peace.

For me, it would depend on whether removal of non-bio mothers name was a paper exercise simply to avoid prejudice - and that the bio-mother fully approved and that the non-bio mother continued to be frequently, regularly involved in the child's life, and continued to pay proper child maintenance. If not, and she simply exited the child's life at that time, I would not support the name being reinstated to the birth certificate.

Stepmum

For me it is nothing to do with the fact they are a lesbian couple it is the fact that none bio mum asked to be removed from the BC so does that mean she chose to hive up her PR?

I would feel the same if it was a none bio father.

Well it’s turned into a big mess and I hope none of them profit from a book or film deal as it has it written all over it.

The Canadian woman as I see it is really a step parent.

Why is the Canadian woman a step-parent when a man in a similar situation would be seen as a full parent?

Does removing a name from a birth certificate in Canada actually also remove parental rights? I know it doesn't elsewhere in the world.

So you believe that non-bio parents have no rights when they're children are kidnapped or forcibly taken from then? What an odd view.

Disagree. As PP said how is the lack of biological connection between one parent any different to say an IVF with a sperm donor.

If IVF couple subsequently divorced are you saying the dad who didn’t provide the sperm has no rights and should just step away?

No Derelict that is not what I said. I am questioning whether non bio mum actually has PR as she chose to take her name off the BC and does adoption need to happen for the non bio parent to be classed as a legal parent?

And if we accept the reasons for why she was removed from the birth certificate, which had nothing to do with her wanting to give up her connection to the child, then that has nothing to do with it.

A parent refusing to go on a birth certificate because they didn’t want to be part of the child’s life from the outset is very different to doing it to protect yourself from risks from an authoritarian regime.

But you also said that the non-bio parent should be denied custody and visitation for their child who was kidnapped from them?

But you also said that the non-bio parent should be denied custody and visitation for their child who was kidnapped from them?

If they gave up PR yes i do think it should be denied.
Clearly there are huge gaps in the article so it doesnt make any opinion flawless.

For example did non bio parent continue to financially support the child while in the UAE and after the relationship ended but before the mum fled?

There so much more to being a good parent than just a name on a piece of paper. I appreciate throwing money at children does not prove good parenting but at least it showes some parental responsibility.

I blame the UAE for being a disgusting bunch of bigots.

Fail to see why anyone who is not a biological parent should be on a BC.

That is not the place for recording who the bio-parents are currently in a relationship with, or who is currently looking after the child.

I think it should be solely about the best interests of the child. She is currently with both her biological/ genetic parents, her sibling and her maternal grandparents. I can't see how uprooting her from that family unit would be of benefit to her.

Well any decent parent wouldn’t remove themselves from a birth certificate for a job! That’s like denying you have a child. Why is someone that isn’t the biological parent even allowed on a birth certificate?

Hell would freeze before she saw my child again 🤷🏻‍♀️

Child is with the biological parents now, isn’t that where it belongs? Not with someone who isn’t even related

WomAn not WomEn if it is singular.

I have mixed feelings on this one but on balance the Canadian doesn’t sound like a very committed mother if she left the country and gave up PR for a job.

WomAn not WomEn if it is singular.

Combination of fat fingers and doing 2 things at one

once

See 🤣