An analysis of a number of recent collaborative co-parenting cases evidences a lack of proper regard for the 'procreative consciousness' of gay men. The lack of explicit judicial consideration of the interests of gay men involved in collaborative co-parenting reflects the gender-based disparity perpetuated by the parenthood provisions of the Human Fertilisation and Embryology Act 2008. These provide for the recognition, without court involvement, of women-led, homo-nuclear families but not male-led parenting. Therefore, courts must be sensitive to this disparity by explicitly considering the procreative consciousness of gay men, as they currently do with the potential vulnerability of women-led families.
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