Family Law

Attorney Succeeds At Changing The World For The Better (And Especially For British Single Parents)

With hard work, persistence, and a brave client willing to stand up to the status quo, you can change the world.

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Remember when you started law school? You were so energized and hopeful, and you thought you were ready to fight injustice and change the world. Then what happened? You sold out to the man. But not everyone compromised their principles the way you did. And now attorneys like Natalie Gamble, and her recent victory over the forces of darkness, remind us that with hard work, persistence, and a brave client willing to stand up to the status quo, the world can be changed for the better.

Single Parents And Their Children Should Not Be Second-Class Citizens

Back in 2016, I wrote about this case: a single father in Britain challenged discrimination against himself and his surrogate-born son. You may remember that UK fertility law — the Human Fertilisation and Embryology Act of 2008 (the “HFEA”) — permits UK parents who have a child via surrogacy to apply for their parental rights to be recognized. But the law not only spells “Fertilisation” with an “S,” which is ridiculous, but it also specifically only allowed married couples to apply for parental rights, which is even more ridiculous. That’s right. NO SINGLES. This meant that single parents were left living under the cloud of fear, hoping that a surrogate would never try to assert the parental rights that she mandatorily retained under UK law.

Having a number of single parent clients in this predicament, Gamble — a prominent UK attorney with a specialization in assisted reproductive technology law — looked for the opportunity to challenge the law. Just like our own Ruth Bader Ginsburg fighting for women’s rights! Gamble, who like Ginsburg also has a last name that starts with “G,” sought the perfect case that could potentially change the law for everyone.

The Door Opens A Crack

In 2014, a UK court made a surprising ruling. The court found that even though the HFEA specifically said that parents could apply for recognition of their parental status only within the first six months after the child’s birth, the legislature didn’t really mean that. Actually, parents could apply after that time. Perfect! Maybe they also didn’t really mean it when it came to the law only applying to couples, too!

Gamble and her team combined forces with the attorney from the six-month-deadline case. That attorney was Elizabeth Isaacs QC. Gamble then reached out to a number of her single parent clients. However, only one brave father said yes, he would put himself out there. He would fight for his parental rights to his child — not just get by under the radar — so that other single parents could have a better future. It was a big … wait for it … gamble.

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After a long fight with numerous setbacks, in May 2016, a court finally ruled that the law’s exclusion of single parents was inconsistent with the UK’s human rights obligations under international law. Wow. That was a serious declaration. Single parents and their children were recognized to deserve the fundamental right to their parent-child relationships.

Of course, that wasn’t the end. The British Parliament — at the same time they were busy Brexiting — actually had to change the law now that it was ruled “incompatible” with international human rights laws. But when the first draft of the remedial order came out over a year later, it wasn’t very good. Did Gamble give up? No. She didn’t just settle for a partial victory. Instead, she fought to eliminate discrimination on the basis of marital status for all parents. As she noted on her firm’s blog, where you can read more of the incredibly journey: “[T]he first draft was not good enough – instead of simply allowing biological parents to apply on their own, it contained a complex definition of what it meant to be single, which would have excluded some parents in more complex relationship situations (for example, those married but separated or living with a new partner) from being able to apply.”

Ultimately Gamble’s preferred changes were accepted into the revised law, and a new order was issued. That order came into effect January 3, 2019. A long, long road finally reached its destination. A huge congrats to single parents of the UK, and to Gamble and her team. You are an inspiration. Now everyone else, quit your jobs! Go change the world!

Ellen TrachmanEllen Trachman is the Managing Attorney of Trachman Law Center, LLC, a Denver-based law firm specializing in assisted reproductive technology law, and co-host of the podcast I Want To Put A Baby In You. You can reach her at babies@abovethelaw.com.

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