With the eldest of Gen Z approaching 30, many are considering the questions of settling down and starting a family. However, Gen Z are approaching family life differently from previous generations and redefining what a family is.
Recent studies suggest that 68% of Gen Z believe marriage is outdated, with only 28% considering marriage to be essential for a family. We explore below the new family structures being created, the legal and practical implications of these and what Gen Z should be aware of.
Cohabiting Unmarried Parents
The Office for National Statistics report on families and households in the UK showed that cohabiting couples accounted for almost one-fifth of all households (17.6%) in 2025. This is an increase from 2015, while the number of married couples has reduced over the same period. It is clear that younger generations are placing less emphasis on the importance of marriage.
Under current legislation, cohabiting couples (whether they have children or not) do not have the same rights and protections as married couples do. The current legislation is limited in scope, expensive to access and uncertain in outcome, often meaning many people do not pursue resolution upon either a cohabitee’s death or a relationship breakdown. The government has recently launched a ten week consultation on proposals that would provide cohabiting couples with greater rights and protections however it is understood that this will still be less than their married counterparts.
Cohabiting couples should therefore consider:
1. A cohabitation agreement - A guide to cohabitation agreements | Weightmans
A cohabitation agreement can confirm how you own property or other assets, regulate financial arrangements while you live together and detail what will happen if you were to separate.
2. Ownership of family home
Consideration should be given to whether the family home will be owned solely by one person or in joint names. Further, if the property is to be held jointly, in what shares should it be held? A declaration of trust can set out unequal interests in a property to protect each parties’ investment.
3. Wills
Under current legislation, if a person dies without a will in place, their unmarried partner will not receive any of their estate. It is therefore important to ensure you have a will in place so that provision can be made for your partner.
Given the popularity of cohabiting relationships over marriage, Gen Z are also having more children outside of marriage than ever before. In 2021 more babies were born to unmarried mothers than to those in a marriage or civil partnership for the first time since records began in 1845. Many couples will not however have considered the potential complications with this.
In order to make decisions in respect of a child, a person must have parental responsibility. Parental responsibility refers to all of the rights, responsibilities, duties and authority a person has in relation to a child and their property. However, this is not an automatic right upon a child’s birth. A birth mother will automatically have parental responsibility (along with a spouse) but an unmarried father does not. Parental responsibility is given to an unmarried father once they are named on a birth certificate. This can therefore on occasion cause issues, for example if the mother is in hospital and cannot attend the registry office to register the birth, the father will not be able to make decisions in respect of the child.
Unmarried parents should also be aware of practical considerations such as the child’s surname. No matter whose surname the child takes, it will be different from one parent which can cause potential difficulties for example when travelling abroad with the parent with a different surname. It is important therefore that parents have a discussion early on as to the child’s name and provide written consent to the other parent for travel. It is also worthwhile obtaining additional copies of the birth certificate to travel with to show that you are the legal parent.
Non-Traditional Relationships
Many people are now also forming families in non-traditional ways, for example:
Same sex couples
Step-parents and blended families
New partners who help raise a child but have no legal rights
Known donors who remain involved in parenting with the couple
Co-parenting arrangements between friends Platonic co-parenting | Weightmans
Polyamorous relationship Legal implications of polyamorous relationships | Weightmans
All of the above come with their own complications and things to consider. The primary question for each family type is who has parental responsibility for the child and is able to make the relevant decisions about their day to day care, health, education and wellbeing.
It is possible for more than two people to have parental responsibility for a child, although this is not automatically granted. In some circumstances those with parental responsibility for the child can grant further individuals’ parental responsibility by agreement or the person seeking parental responsibility can make a court application, in which the court will consider whether it is in the child’s best interests. For more information on parental responsibility, please see our article: What is parental responsibility? | Weightmans
Surrogacy
As couples explore ways in which to expand their families and have children, surrogacy is becoming increasingly more common. There are no reliable studies currently setting out the number of births via surrogates each year in the UK however the court has reported a vast increase in the number of applications for a parental order following surrogacy arrangements.
Surrogacy may be considered by a number of different families:
Couples who are unable to conceive naturally due to fertility issues;
A single man;
A same sex couple;
A couple who has experienced trauma such as stillbirth or recurrent miscarriage;
A female partner who does not wish to carry their own child for personal or health reasons;
Females who were born without a uterus;
Females who have had their uterus removed for example due to cancer;
A couple who has experienced a number of failed IVF attempts.
When using a surrogate, the legal position can differ greatly to the intended position and even from the biological position. For example, the two intended parents may both be the biological parents but the birth mother (i.e. the surrogate) will be considered the legal parent upon the child’s birth even if she has no biological connection to the child. Even more bizarrely, if the surrogate is married or in a civil partnership, her partner will be the other legal parent unless they can show that they did not consent. This is of course not what intended parents intend to happen and can cause practical issues.
In order to obtain parental responsibility for the child, intended parents will need to apply for a parental order. This must be done at least six weeks after a child is born but before the child is six months old. If a person or couple if considering surrogacy to expand their family it is important they seek early legal advice especially if there are international elements to the surrogacy.
Sperm/Egg Donation
Sperm and/or egg donation can provide a different route to conception for those with fertility issues, those with known genetic problems or same sex couples. However, similarly with surrogacy, gamete donation can have legal and practical implications that can often be overlooked.
If conception is at a licenced clinic
If the sperm or egg donation occurs through a licenced clinic, the donor does not have parental responsibility. The donation is usually anonymous and the donor will have no role in the process or the child’s upbringing.
Importantly, if donor sperm is used in either a same sex female marriage or civil partnership or an opposite sex marriage or civil partnership, the birth mother and her spouse will be considered the legal parents, both will have parental responsibility and be registered on a child’s birth certificate. Unmarried partners can also both have parental responsibility and be on the birth certificate so long as both parties complete the necessary HFEA forms in advance of conception.
If conception is through informal donation
Informal sperm donation can save money and allow the parties to decide how involved the donor is in the child’s life. It can however cause uncertainty over legal parentage and parental responsibility. With an informal sperm donation, the donor will be considered to be the child’s legal and biological father when this may not be the intention. This alone may give rise to future litigation regarding whether the donor should have parental responsibility for the child and be involved in decision-making, and whether there should be any contact between the child and the donor.
Assisted Conception and IVF
IVF births are now making up an increasing proportion of all UK births, with 1 in 32 births – roughly one child in every classroom – being through IVF. This is anticipated to continue to increase and therefore Gen Z are much more likely to go through, or know someone going through assisted conception or IVF.
One factor increasing the use of IVF is the decision to delay parenthood. Gen Z have grown up in throughout the recession, have had their education and early years of their career impacted by Covid-19 and are now dealing with the cost of living crisis. For lots, it is not financially viable to consider children in their 20s and early 30s. Many are also making the decision to delay parenthood owing to career aspirations, with women in particular focusing on progressing their careers during what were previously their ‘fertile years’. In light of this, couples are turning more and more towards freezing either eggs and sperm or creating embryos to freeze and use at a later date when career milestones or financial security have been reached.
If embryos are frozen, both parents will be asked for their consent regarding the storage of these at the start of treatment. The embryos can be frozen for a maximum of 55 years provided both parties provide their consent every ten years however a party can change their mind and withdraw consent at any time. This becomes particularly pertinent when a relationship breaks down and so parties should discuss early on what would happen to the embryos if they were to separate.
Practical Steps
It is clear that Gen Z are moving away from the traditional route and timescale to create families and exploring other routes. Whilst these are offering possibilities to new families that may have not been available previously, it is important that everyone is aware of the legal and practical consequences. In particular, you should consider:
Ensuring that you all understand who has parental responsibility (and considering parental responsibility agreements to confer responsibility on others if needed).
Entering into a cohabitation agreement and/or parenting plan to set out your rights and intentions.
Make or update a Will to ensure that your estate passes as you would want it to in the event of your death.
