As Pride Month comes to an end, June was and always will be an opportunity to celebrate the progress that has been made towards equality for LGBTQ+ individuals and families, whilst also recognising the role the law has played in that journey.
As family solicitors, we see every day that families come in many forms. The family justice system has evolved significantly over recent decades to reflect this reality, with the Courts increasingly recognising that a child’s welfare is not determined by traditional notions of family, but by the quality of the relationships that surround them.
One of the most significant cases in this area is Re S (Children: Parentage and Jurisdiction) [2023] EWCA Civ 897 – a groundbreaking Court of Appeal case that secured parental rights for a non-biological same-sex parent, even though the family lived in a Gulf state where same-sex relationships are not recognised. Legal commentators view it as a gamechanger for international LGBTQ+ families.
An earlier case of FC v MC (2021) clarified the legal standing for non-married same-sex parents. The Court allowed an application for parental responsibility by a former same-sex partner of the biological/legal mother, emphasising the child’s ongoing relationship with both caregivers.
During Pride Month, it is worth reflecting on how far the law has come in recognising and protecting LGBTQ+ families. While society continues to evolve, the core principles of family justice remain constant – fairness, inclusion and ensuring that every child has the opportunity to thrive within the family that loves and cares for them.
For those of us working in family law, these developments are a reminder that the law must continue to reflect the diverse families it serves.
