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Re D (Contact and PR: Lesbian Mothers and Known Father) No 2 [2006] EWHC 0002 (Fam)

Where a man had fathered a child for a female same-sex couple, both of whom had parental responsibility for that child, it was right, in the circumstances, to grant the father parental responsibility, but with conditions that limited his involvement in certain areas of the child’s care.

3 February 2006

B applied for parental responsibility in relation to his daughter (D), who was five years old at the time of the hearing. M and C, who were in a same-sex relationship, had wanted to bring up a child together. They advertised for a man to father a child and B provided his services. D was born to M in 2000. B expected to be directly involved in D’s life, with a role similar to that of a father absent through divorce. M and C intended only that he complement their primary care of D through no more than infrequent visits and a loving interest. At an earlier hearing, M and C were granted a joint residence order and B was granted contact. M had parental responsibility as D’s mother and C as a result of the joint residence order. In 2003 M gave birth to another daughter, by a different father. M and C opposed B’s application. B offered to undertake not to exercise his parental responsibility, if granted, in potential problem areas, such as D’s schooling and health care, without M a...

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