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Rights, legislation and disabled parents

Disabled parents have the same rights as non-disabled parents. There is no 'disabled parents' legislation as such, but certain legislation and guidance protects the rights of disabled adults - including in their roles as parents.

Your rights of equal access to health and social care

Disabled people share the same general rights of access to health and social care as other people, but there are also some special provisions under the Disability Discrimination Act.

For example, you have the right to get information about health services in a format that is accessible to you where it is reasonable for the service provider to provide it in that format. For example, a hospital may provide forms and explanatory literature in Braille or large print to assist you if you are blind or have a visual impairment.

Human Rights Act 1998

You have the right to make your own mind up about becoming a parent. You should not be denied fertility treatment on the grounds that you are disabled.

In the Human Rights Act 1998 there are a number of provisions that are relevant to disabled parents, including:

  • Article 8: the right to respect for private and family life - the state can only interfere in family life if it is necessary for the protection of others, for example children
  • Article 12: The right to marry and to found a family - social care services and health providers should take all reasonable steps to help you have a family including giving advice and support before and after your child is born

The Children Act 1989

The Children Act 1989 is designed to keep a child safe and well and, if necessary, help the child to live with their family by providing services appropriate to the child's needs.

Local councils should, for example, make sure that health and education departments and housing associations work together to protect and promote the welfare of children.

If your local council thinks that your child is 'in need' then it should carry out an assessment under the Children Act 1989 (section 17).

Adopting children

If you are over 21 years old and you can provide a permanent, stable and caring home, your application to adopt a child will be welcomed. Health and well-being do play a part in the adoption assessment process, but you are not automatically disqualified because you are disabled.

Once you have made the decision to seek to adopt a child, you will need to contact an adoption agency to make an initial inquiry.

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