Same-sex child support coming?
The Federal Government would not confirm if child support laws will be part of the equality reforms. This came after NSW Attorney-General John Hatzistergos claimed the proposed reforms did not ensure financial support for children of same-sex couples in the event of a family break-up.
Hatzistergos promised to push for the reforms to include child support laws during this week’s meeting of federal, state and territory attorneys-general.
Federal Attorney-General Robert McClelland responded ahead of the meeting by saying it was being considered as part of the omnibus bill that is still being developed, but wanted to ensure national consistency.
Under the current provisions of Section 60H of the Family Law Act, co-mothers are not recognised as a legal parent in the child-related proceedings in the Family Court, Hatzistergos said in a statement.
At issue is the section of the Family Law Act dealing with children conceived through artificial reproduction, which was left out of the Federal Government’s proposed Family Court reforms, and currently only recognises married couples and opposite sex couples who live together. Child support laws draw upon this definition, but could be changed in their own right to include same-sex parents.
Birth mothers currently face costly and traumatic processes in state and territory courts in order to be awarded child support, the NSW Gay and Lesbian Rights Lobby warned the Government, with the money better spent on the child.
It argued the child support laws needed to reflect that most states recognise co-mothers, and that leaving the discriminatory definition unchanged would be inconsistent with other proposed federal changes.
Now that NSW has taken steps to establish the parenting presumptions of mothers in same-sex de facto relationships, it makes sense to have a system whereby children are protected if the couple splits, Hatzistergos said.
NSW law still does not recognise same-sex adoption or co-fathers through surrogacy, and is behind most states when it comes to a formal register of same-sex relationships.
Several states have not yet enacted any same-sex parenting recognition, but two uncooperative states didn’t stop McClelland pushing ahead with his Family Court reforms, giving same-sex couples the same access as opposite sex couples to federal courts for property matters.
The reforms have all been tied up in a Senate committee. The final omnibus bill is yet to be introduced covering the remainder of the 58 discriminatory laws identified in the Same-Sex: Same Entitlements report.
actually I agree with you Oliver!!
Luckily I dont fall in that 10%. I just dont see the big deal. Somebody decides to have a child and then my Taxes have to pay for them. Go to third world countries and see how many neglected children there are. Then theres people, well, selfish ones here in the Western world who just oh my God! I need to have children, my Biological clock is ticking, all that Bull S**T!!! Oh Please!!!!!
Gays deserve child support rights as well!!!
Oliver, 20 percent of lesbians have children and 10 percent of gay men have children.
“WE ARE GAY” we’re not born to have children. Its not in our nature!!
It is high-time that the Australian Constitution also added the term provision like this: -œIt is unlawful and unethical to discriminate on the basis of gender, gender idenity, race, disability, ethnicity, economic status, marital or domestic status, colour or indigenous status, sexual orientation, etc or any of the above as said or quoted into this constitution.
The liberal are anti-everthing. That is why I have ALWAYS voted Labor (Kevin Rudd is the best)!!!
We can forget about same-sex child support while the Liberals have got control of the senate.
Lets abolish ALL legal discrimination for good!!