Family formation
Background
Everyone, no matter their sexuality or gender identity, should have the opportunity to start a family, if they wish to.
However, there are often additional hurdles for members of the LGBTQ+ community when it comes to starting a family whether because of prejudice; or additional financial barriers.
One in four LGBTQ+ couples who are information gathering about routes to parenthood, expect discrimination. A further one in eight LGBTQ+ people currently in the adoption process said they had experienced discrimination.
Family formation options
Over the decades, Stonewall has worked with governments, local authorities, providers to make the pathways to family formation easier for those in the LGBTQ+ community.
Most of Stonewall’s recent work has been on ending inequality in health access for LGBTQ+ couples. Yet, this is only one family formation pathway.
LGBTQ+ families are formed in many ways: adoption, surrogacy, fostering, IVF and more. Many of these routes are legally complicated and financially burdensome.
The barriers
Despite positive progress for LGBTQ+ people seeking to have a child, barriers remain.
LGBTQ+ couples were given the legal right to adopt via the Adoption and Children Act 2002 which came into force in 2005. In fact, a disproportionate number of those that adopt are LGBTQ+. However, many individuals or couples going through this process experience discrimination and basis while going through the process.
Non-commercial, or altruistic surrogacy, is legal in the UK for same-sex couples; but the legal process surrounding this can be challenging and uncertain.
LGBTQ+ couples can access IVF on the NHS, but there is a postcode lottery in place which means that for some couples the process is more complicated and expensive than in other places. The 2022 Women’s Health Strategy committed to removing financial barriers to IVF for LGBTQ+ couples, yet only four of the 42 integrated care bodies (ICBs) have made this change as of April 2024.
Timeline of key milestones
- 1985
Surrogacy Arrangements Act which governs surrogacy law is passed; although it was only many years later that same sex couples had access to this pathway. (other subsequent relevant pieces of legislation would include the Human Fertilisation and Embryology Act 1990, and the Human Fertilisation and Embryology Act 2008).
- Pre 2000's
LGBTQ+ people faced legal barriers to adopting, same sex couples were not legally recognised as joint parents. Stonewall campaigned to reform this for many years.
- 2002
LGBTQ+ couples were given the legal right to adopt via the Adoption and Children Act 2002 which came into force in 2005.
- 2005
The Civil Partnership Act comes into effect, having been passed in 2004. This was the first time same-sex relationships were given formal legal recognition, which meant same sex couples would be recognised as joint parents. Civil partners were able to have parental responsibility for each other’s children, something previously restricted to married couples.
- 2007
Adoption and Children (Scotland) Act gives Scottish same-sex couples the right to adopt.
- 2008
The Human Fertilisation and Embryology Act (HFEA) 2008 extended UK fertility and surrogacy law was amended to allow same-sex and unmarried couples to apply for legal parenthood after a child is born via surrogacy.
- 2009
Much of the HFEA Act came into force on 1 October 2009, where same-sex couples gained the ability under UK law to become legal parents of children born via surrogacy — by applying for a court “parental order.
- 2013
Marriage (Same Sex Couples) Act passes, and the first marriages take place in March 2014.
- 2015
Children and Families Act 2014 came into force, meaning parents through surrogacy gain the same rights to time-off and pay as birth or adoptive parents.
- 2021
Stonewall launched the IVF for All, a campaign which sought to remove the financial and practical barriers to IVF for LGBTQ+ couples. More than 5000 people emailed their MPs urging action.
- 2022
The 2022 Women’s Health Strategy for England promised to remove financial barriers to IVF for LGBTQ+ couples, a campaign success for Stonewall.
- 2025
Stonewall publishes its LGBT Family Formation Guide . The guide is designed to support LGBTQ+ people to navigate the many paths to parenthood.
The Government announced that NHS England will be abolished, with its functions transferred to Department of Health and Social Care.
