Same-Sex Relationships in Northern Ireland
Marriage/ Civil Partnership
In January 2020, same-sex marriage became legal in Northern Ireland; same-sex couples now enjoy the same rights, responsibilities, and recognition as opposite-sex couples. This means that same-sex couples can enter into a civil partnership, or form a marriage, in the same way that opposite-sex couples can. Accordingly same-sex couples may divorce or seek to dissolve their civil partnership.
The grounds for a same-sex divorce application/dissolution of a civil partnership are similar to those for opposite-sex couples; in that either party may bring an application for divorce if the relationship has irretrievably broken down.
However, there is a difference in the grounds which can be relied upon. Same-sex couples cannot rely on the ground of adultery, as the legislative definition excludes couples of the same-sex. However, in certain circumstances, adultery can be presented under the umbrella of unreasonable behaviour. Therefore, the grounds available to be relied upon for divorce/dissolution of a civil partnership of same-sex couples are as follows:
1. Living apart for two years, with consent
2. Living apart for five years, without consent
3. Unreasonable behaviour
4. Desertion
Changes in Adoption policy
Adoption is the legal process by which a child or group of siblings become full, permanent, and legal members of their adopted family. When a Court makes an Adoption Order, this grants all parental rights and responsibilities in respect of the adopted child(ren) to the adoptive parents, and the birth parent(s) parental responsibility is terminated. Such orders are permanent and last for the adopted child(ren)’s entire life.
In June 2013, the Court of Appeal ruled that Northern Ireland’s policy on adoption discriminated against those in civil partnerships, and now single people, unmarried couples, and those in a civil partnership, including same sex couples, may make an application to adopt.
Surrogacy
Surrogacy refers to an arrangement in which a woman agrees to give birth to a child on behalf of another individual or couple. Surrogacy is legal in Northern Ireland. It is highly recommended that anyone considering entering into a surrogacy agreement takes legal advice; our Family Law team are experienced in the issues that may arise and can guide you through the process, including making the application for a Parental Responsibility Order to permanently transfer parental responsibility from the surrogate (and her spouse, if applicable) to the intended parents.
This advice is written by Clare McEleney, Family & Child Law Solicitor.
If you would like to contact Clare, please click here.