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Same Sex Parental Responsibility: Law Drafting Instructions

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A decision made on 8th April 2021

Decision Reference:  MD-ESC-2021-0004

Decision Summary Title :

Instructions for Law Drafting – in relation to same sex parental responsibility

Date of Decision Summary:

22 March 2021

Decision Summary Author:

Senior Policy Officer

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Law Drafting Instructions v1.1 Amendments to the Children (Jersey) Law 2002 and Marriage and Civil Status (Jersey) Law 2001 to enable parental responsibility for same sex couples

Date of Written Report:

22 March 2021

Written Report Author:

Senior Policy Officer

Written Report:

Public or Exempt?

Public

Subject:

Same sex parental responsibility – issue of law drafting instructions.

Decision(s):

The Minister for Children and Education authorised officers in the Department for Strategic Policy, Planning and Performance to liaise with the Principal Legislative Drafter to request the preparation of draft amendment legislation.

Reason(s) for Decision:

Law drafting is required to amend the Children (Jersey) Law 2002 and Marriage and Civil Status (Jersey) Law 2001 to:

 

(a) enable opposite sex civil partners to acquire legal parent status and parental responsibility in the same way as a married couple,

(b) enable same sex parents to both be registered as a child’s legal parents and therefore named on a Jersey birth certificate,

(c) enable as far as possible, same sex parents to be automatically conferred parental responsibility

(d) provide appropriate legal recognition to enable parents, whose child is born to a surrogate mother, to become legal parents in Jersey,

(e) provide for the acquisition of parental responsibility by a stepparent by agreement,

(f) enable a child whose parents are of the same sex and who are married/in civil partnership with each other to be recognised as legitimate, 

(g) enable a child whose parents are of the opposite sex and who are in a civil partnership to be recognised as legitimate.

Resource Implications:

There are no manpower or financial implications arising from this decision.

Action required:

Senior Policy Officer, Strategic Policy, Planning and Performance to liaise with the Principal Legislative Drafter to request that amendment legislation not limited to the Children (Jersey) Law 2002 and Marriage and Civil Status (Jersey) Law 2001 be drafted.

Signature:

 

 

 

Deputy Scott Wickenden

Position:

 

 

 

Assistant Minister for Children and Education

Date Signed:

 

 

 

Date of Decision (If different from Date Signed):

 

 

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