Q&As

Two women, who were not married or in a civil partnership, had a child through in vitro fertilisation via a licensed clinic. The first woman provided the eggs and carried the child and both women are named on the child’s birth certificate. Where the first woman is the parent with care, is the other woman liable to pay child support?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 26/05/2020

The following Family Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Two women, who were not married or in a civil partnership, had a child through in vitro fertilisation via a licensed clinic. The first woman provided the eggs and carried the child and both women are named on the child’s birth certificate. Where the first woman is the parent with care, is the other woman liable to pay child support?

Section 1(1) of the Child Support Act 1991 (CSA 1991) provides that, for the purposes of CSA 1991, each parent of a qualifying child is responsible for maintaining that child. CSA 1991, s 1(2) goes on to state that a non-resident parent shall be taken to have met their responsibility to maintain any qualifying child by making periodical payments of maintenance for such an amount, and at such intervals, as may be determined in accordance with CSA 1991.

A parent is a ‘non-resident parent’ for the purposes of CSA 1991, and therefore liable to pay maintenance to the resident parent, if

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