More to do for gay dads

A gay dads advocacy group says gay male parents are still unfairly treated by the law, despite news a gay Melbourne couple has been granted joint parenting rights of twins born to an Indian surrogate.

The couple, including the non-biological father, were granted “full parental status” of the children.

Gay Dads Alliance spokesman James told the Star Observer the story was not exceptional as others had obtained parental rights. But the case highlighted that gay fathers of children born in co-parenting or surrogate arrangements don’t get full parental rights.

“It’s great another couple has parenting orders, but anyone can get them — your neighbour, your grandmother, your sister … that doesn’t mean they’re parents at law, that’s the difference,” James said.

“What we’re fighting for is to be recognised as a parent …  a declaration of parentage.”

The couple’s barrister, Susan Buchanan, said the case showed the law was flexible enough to give recognition.
“What is significant about it is the Family Law Act reflects current values in society in the sense that the definition of a parent is not confined to a man and a woman, so there is the capacity to give two parents of the same sex equal rights,” Buchanan said.

The Gay Dads Alliance has released a paper which argues the current federal Family Law Act needs to be amended so gay dads are included in section 60H, which pertains to children conceived through assisted reproductive methods.

Lesbian and heterosexual parents are both recognised — gay fathers are not.

“Gay women have now achieved 60H and they know, if they’re the bio or non-bio [parent], they’re going to be recognised as parents at law,” James said.

“Once you’re a parent at law you get the presumption of substantial time, and equal decision-making and that’s the important element we need as parents.”

The paper also outlines the difficulties for gay dads, including a test case involving a lesbian couple and gay couple where the two women are afforded chief parental responsibility by the court as a result of recognition of the biological mother and her partner in section 60H.

info: To find the issues paper, visit www.gaydadsalliance.com.au