I'm quite worried for friend of mine, has two children in a same sex relationship, but not married, children conceived outside of clinic setting, via doner, yet both named on birth certificate

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So the relationship is breaking down, violence been involved from my friends partner to her, her partner is the birth mother

my friend has somehow been named on the birth certificate, yet doesn't seem to meet the requirements to do so
The requirements basically are be married or civil partnership
Then be conceived in a uk registered clinic
Or have a parental agreement drawn up.

So they don't meet those requirements, yet somehow they have both been added to the birth certificates of the kids

Now separation seem inevitable, friend is desperately worried her partner will hold all the cards regarding their children
So I said I'd post on here for advice

Nit saying they have but if they told a lie and said they meet the criteria above, but actually didn't what would happen next

And what should my friend do yo ensure she doesn't end up with no rights to see the kids

How did they get away with it twice? Why didn’t they follow process? Does this also mean they won’t know who their dad is either? Poor kids

I don't see how that would help. Even if it's the registrars fault they have certificates they shouldn't, they still shouldn't have them and they're invalid.
They wouldn't become valid birth certs just because it wasn't their fault.
Surely they bear the responsibility anyway, they signed a legal document stating they were the legal parent, when they weren't.

Ignorance isn’t a defence, but did your friend know it was wrong to have her name on the birth certificates?

Defo tell your friend to get legal advice.

But what I would say is that not being the biological parent doesn’t mean that the birth certificate is fraudulent.

When you register a baby’s birth certificate

1. the mum can go alone and add the name of the person they are married to but have to prove that they are married
2. a non married mum must ensure that the second parent that is added onto the birth certificate is physically present in order for them to be added on
3. Being on the birth certificate grants you parental rights

Im just stating what I know from recently registering my baby. They do not ask for DNA, there are plenty of women that may know that the biological father is someone else but they will add their current partner to the birth certificate.

Defo get legal advice - but the birth certificate proves that she has parent responsibility and that is a start.

Poor children, they didn’t ask to be brought into this mess, especially violence

You can't just add anyone who goes along with you as the second parent. You need to prove you are legally allowed to be added, if you are both women. OP says she was not.
Being on the birth certificate only grants you parental rights up until the court cancels the certificate for being fraudulent.

Your friend must know how she ended up on the birth certificate … twice.

She must know whether they lied or produced fraudulent evidence. I would be surprised if the registrar was mistaken / lacking training twice, three years apart.

If I was your friend I would be researching penalties for any fraudulent activity on both their parts. It might be enough to deter the birth mother from revealing what they did and getting your friend removed.

1. Being on the birth certificate grants you parental rights

I think she saw that and just thought ok I have parental rights now, and thought she was covered

so then didn’t feel a need to get any type of legal agreement drawn up

no idea if she thinks she’s lied but she knows she doesn’t for into the criteria as they not married
no cival partnership

wasn’t in a clinic

and no other type of contract document been made
so really no idea how they both ended up on the birth certificate

So is your friend saying they just rocked up to the Registry Office together and both put their names down?

The Uk.gov info says:

“Same-sex female couples
Female couples can include both their names on their child’s birth certificate when registering the birth.
Married or civil-partner parents
Either parent can register the birth on their own if all of the following are true:

• the mother has a child by donor insemination or fertility treatment
• she was married or in a civil partnership at the time of the treatment

Unmarried, non-civil-partner parents When a mother is not married or in a civil partnership, her partner can be seen as the child’s second parent if both women:

• are treated together in the UK by a licensed clinic
• have made a ‘parenthood agreement’

However, for both parents’ details to be recorded on the birth certificate, they must do one of the following:

• register the birth jointly
• complete a statutory declaration of acknowledgement of parentage’ formand one parent takes the signed form when she registers the birth
• get a document from the court (for example, a court order) giving the second female parent parental responsibility and one parent shows the document when she registers the birth “

I’m going to have to tell her to see a solicitor but what kind? A family law type ?

Yes it’s Family Law
Just use this - select family law and put in your area.
https://solicitors.lawsociety.org.uk/?Pro=False

She will need likely to apply for a child arrangement order - any court ordered assessment will look into the role she has played into the children’s lives more so than the legality of the birth certificates, and make a best interests decision.

Thanks
would her partner need to agree to getting a child arrangement order as her partner will try to make it difficult as she’s not going to want to hand over any controls