In 2008, Commonwealth laws changed to ensure that the children of same-sex couples are recognised in many circumstances. But there is still work to be done!

The Australian Government has recently introduced a number of changes to ensure that the children of same-sex couples are recognised for the purposes of Commonwealth laws. Some of these changes (such as Medicare and superannuation) have already commenced. The remaining reforms will commence by 1 July 2009. For more information see our fact sheets: Overview of the same-sex law reforms.

In many cases, these changes will mean that both same-sex parents of a child will be legally recognised as a ‘parent’. This means that our children and lesbian and gay parents will be entitled to the same benefits under Commonwealth laws as opposite-sex families. Same-sex step-parents will also be recognised where opposite-sex step-parents are currently recognised.

Family law and child support changes

One significant reform is that most children born or adopted by same-sex couples will be recognised as the children of both same-sex parents for the purposes of the family law and child support.

This will include:

• children born through assisted conception procedures (such as IVF, donor insemination or self insemination) to lesbian couples
• child adopted by a same-sex couple (or in some cases, adopted by one of the partners with the consent of the other), and
• children born via surrogacy and recognised under a state or territory scheme. (Note: NSW does not currently have a surrogacy scheme).

   

These changes mean that most children will have both their same-sex parents legally recognised for all family law purposes, including property and parenting disputes.  Upon separation, same-sex parents will also have the same rights and responsibilities for child support that currently apply to opposite-sex couples from 1 July 2009.

Step-children will also be equally recognised in family law, although step-parents do not generally have child support obligations.