ERG proud of first official same-sex surrogate parents

ERG Chair Felix Alvarez with proud parents Keith Martinez (L) and Daniel Romero (R).


‘It’s apt. Because it’s Pride Month 2021, and as the LGBT+ flag flies over Gibraltar, the truth is we could not be prouder of Gibraltar’s first legally formalised same-sex parents to have been able to enjoy their parenthood with the backing of Gibraltar law,’ Equality Rights Group Chair, Felix Alvarez, said today following the first Family Court approval of an order recognising the parenthood of a same-sex couple under the Surrogacy Act 2021.

‘It was back in January this year that ERG appealed to the Chief Minister for what was then the Surrogacy Bill to be given the push it needed to make it into law. Government, despite its double-whammy difficulties at that moment with both Covid-19 and Brexit, nonetheless listened – and heard. Mr. Picardo responded to our appeal for an end to the unnecessary 18 month delay which was causing so much suffering to surrogate couples.

‘Until now, same-sex parents have been required to file as adoptive parents. While it was the the only route to normalisation at the time, it is now understandably hurtful to a number of such early same-sex parent couples who have had to accept being considered only as adoptive when the reality was genetically otherwise. This legal state of affairs was what was realistically available until February this year; a situation that changed with the passing of the Surrogacy Act.

‘I have therefore now written to the Chief Minister to ask him to overcome this left-over state of affairs for couples in the ‘adoption’ trap by introducing amending clauses which will give them a route to full surrogate parenthood status recognition, thus ending their own version of inequality. We need to overcome an unintended historical unfairness,’ Alvarez added.

‘And I’m pleased to report the Chief Minister will be looking at the details that will be necessary to bring justice to these individuals. Because when the will is there, positive politics can overcome unfairness.
‘And because today, in the midst of a happy outcome, we look at two lovely children, twins, born to two resilient and loving men who, through thick and thin, and facing all the difficulties that then existed, can at last breathe a sigh of relief and enjoy the joys and challenges of parenthood. The twins couldn’t have more caring and attentive fathers.

‘For their sake, and for the sake of many others in our community, both LGBT+ and straight surrogate families, we once more congratulate our community for surmounting the many obstacles of discrimination that were strewn on the path to equality. We ask them to persist and not be waylaid by those who would deny others their rights to be treated in their full humanity,’ the statement ended.