Gay parenting a year on
The Lobby is celebrating the anniversary of the Miscellaneous Acts Amendment (Same-Sex Relationships) Act 2008 (NSW) coming into force which extended legal parenting presumptions to include lesbian co-mothers.
Before this reform, the lesbian partner of the birth mother was a legal stranger to her child. The 2008 reforms enabled children born to lesbian couples through assisted conception to have two legally recognised mothers. The female de facto partner of the birth mother is now automatically recognised as a ‘parent’ under all NSW and federal laws.
The new laws inserted a legal presumption into the Status of Children Act 1996 (NSW) which applies to lesbian couples who have a baby through assisted means.
To be recognised as a legal parent the co-mother must have lived with the birth mother in a de facto relationship at the time of conception; the co-mother must have consented to the conception procedure, and; the child must be conceived through assisted conception methods.
This parentage presumption works automatically, whether or not the parents apply to get a new birth certificate. The laws also apply retrospectively to include children already born. This presumption also applies if the parents separated after the child was born.
If your child has a birth certificate which only lists his or her birth mother, you just contact NSW Births, Deaths & Marriages Registry on 1300 655 236 to have the certificate amended.
These changes do not allow a child to have more than two legal parents. Children who have three or four parents can have these parents recognised in a more limited way through a parenting order via the Family Court.
While these reforms should be celebrated, the GLRL recognises that more work needs to be done. In particular, adoption and surrogacy law needs to be reformed so the needs of all our families, including gay dads, step-parents and long-term carers can be recognised.
info: For more information please contact the Inner City Legal Centre on 9332 1966, or visit our website: www.glrl.org.au.
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Hi,
What happens if the donor’s name is on the birth certificate? Do we need to have it removed or can it stay there with me being recognised as the co-mother? Is there anything I should be doing to be a legal co-parent?
Denise
Kudos to lesbian couples.This amendment puts gays and lesbian rights at par.The good thing about this amendment is that it is retrospective in nature.Post the reforms in adoption and surrogacy same-sex couples can achieve their dream of having a baby.
@ Rosie
“assisted” means assisted reproductive technology or IVF. Lots of women use IVF for conceiving children including single women and lesbians (it is not just for infirtle people). What this Act done is provided “the prosuption of parentage” to the female de facto partner of women because prior to that law the “male de facto” partners were the only ones included. That also means you can have two mothers on the birth certificate.
The law was frameworked really well because it was retroseptive – meaning it now includes “female de facto” partners of women even before the legislation was ennacted!!!
Not only that the Act also included “partnered leave” entitlements (it was once called parterity leave);
Also even better it changed 60 NSW Acts of Paliament to include de facto same-sex partners.
More information:
http://www.parliament.nsw.gov.au/prod/parlment/nswbills.nsf/0/6190E964D5CF2F57CA257441001D330C?Open&shownotes
Great!!!! – now lets focus all of our energy to allow adoption for same-sex couples!!!!!
So, does this only include the parents of children who were born through assisted means? And what does ‘assisted means’ cover?