The gay father of a two-year-old boy being raised by lesbian parents in the UK has won the right to have access to his child.
Three Appeal Court judges ruled that the father, identified only as A, should not be treated as a 'secondary' parent because his son was living with two women.
Judges at the court of appeal ruled that three parents are as good as two, saying 'a two-parent lesbian nuclear family' might be 'essentially selfish and may later insufficiently weigh the welfare and developing rights of the child'.
The father had entered a marriage of convenience with the mother, known as B, so as not to rouse suspicion from her homophobic parents.
He later agreed to father a child with the pair, who were both described as 'professional woman of considerable achievement’.
The boy's mother argued that the father of the child had agreed over a meal in a restaurant that the lesbian couple would be the boy's 'primary parents' but had later changed his mind.
But cracks in the arrangement soon started to appear and after the dispute was taken to the Family Court, a judge decided A should only see the child as much as was necessary for him to know who his father is.
But Lord Justice Thorpe, Lady Justice Black and Sir John Chadwick have now ruled that A should gradually be allowed greater contact, including overnight stays, at the discretion of a Family Court judge.
Lady Black said the courts were continuing to struggle with ‘an area of family law in which generalized guidance is impossible’.