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Gay and Lesbian Rights Lobby - Overview: Lesbian and gay parenting

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Overview: Lesbian and gay parenting Thanks to recent reforms, most same-sex families are now equally recognised in federal and state laws. The legal recognition of parents and their children largely depends on how a child is conceived or comes into the family. Assisted reproduction technology (ART) or home insemination Parentage presumptions now apply to equally recognise lesbian couples who have (or have had) a child together through IVF, donor insemination or home insemination. If the laws apply, both mums are legally recognised as parents and automatically have the authority to make decisions about their child’s health, schooling etc. Both mums can also be recognised on the child’s birth certificate. The child also has many other rights, such as automatic inheritance rights and workers’ compensation entitlements if their non-birth mother dies. For more information see our fact sheet: New lesbian parenting laws in NSW. Adoption In 2010, NSW reformed its adoption laws to allow same-sex de facto couples the opportunity to apply for adoption. This means that some long-term same-sex foster carers, step-parents and co-parents can now apply to legally adopt a child in their care. Same-sex couples are also able to apply to adopt an ‘unknown’ child. However, as no countries with which Australia has adoption agreements currently allow same-sex couples to adopt, same-sex couples can only be considered in the small number of cases of children who reside locally. Same-sex couples who wish to adopt still have to meet the same requirements as everybody else (e.g. age, length of relationship and other ‘fitness to parent’ criteria). For more information see our fact sheet: Adoption and parenting orders. Foster carers There is a critical shortage of foster carers and many agencies, such as Bernados, have actively recruited same-sex couples to provide homes to children in need. Surrogacy In 2010, NSW Parliament passed the Surrogacy Act. The act is expected to commence in early 2011. The Act distinguishes between altruistic surrogacy arrangements and commercial arrangements. Altruistic surrogacy arrangements are those which do not involve any fee or reward to the surrogate mother (apart from certain reasonable medical, legal and other costs as specified in the legislation). Once they commence, the new surrogacy laws will provide children who are born via altruistic surrogacy arrangements with the opportunity to have their intended parent(s) legally recognised through court orders made by the Supreme Court. With the consent of the surrogate mother and her partner (if any), these orders will essentially transfer all legal parenting rights and responsibilities to the intended parent(s) of the child. However, the Act also contains severe criminal penalties for people who enter (or offer to enter into) commercial surrogacy arrangements whether in NSW or overseas. The Act also criminalises certain forms of advertising for surrogacy arrangements. For more information see our fact sheet: Surrogacy. Commonwealth laws As part of wide-ranging reforms in 2008, the Australian Government introduced a number of changes to ensure that the children of same-sex couples were recognised for the purposes of Commonwealth laws. For more information see our fact sheets: Overview of the same-sex law reforms and Federal same-sex parenting reforms. In many cases, these changes mean that same-sex families are treated in the same way as opposite-sex families and have equal entitlements in areas such as: the new paid parental leave scheme family law (e.g. in property and parenting disputes) and child support tax, super and workplace benefits and entitlements, including family assistance. Same-sex step-parents and step-children are also equally recognised, although step-parents do not generally have child support obligations. Some families are still not recognised Some children living in same-sex families are still not equally recognised. For example children born through commercial surrogacy arrangements or who live in co-parenting arrangements with more than two parents have limited legal recognition of their families. For these children, parenting orders via the Family Court may give parents some limited but important recognition. See: Adoption and parenting orders. Where can I get more information? Inner City Legal Centre The Inner City Legal Centre has a state-wide, specialist lesbian and gay legal advice service. Phone: (02) 9332 1966. The NSW Births, Deaths & Marriages Registry administers the NSW parentage presumptions and birth certificates for lesbian mums. Phone: 1300 655 236.
Overview: Lesbian and gay parenting Thanks to recent reforms, most same-sex families are now equally recognised in federal and state laws. The legal recognition of parents and their children largely depends on how a child is conceived or comes into the family. Assisted reproduction technology (ART) or home insemination Parentage presumptions now apply to equally recognise lesbian couples who have (or have had) a child together through IVF, donor insemination or home insemination. If the laws apply, both mums are legally recognised as parents and automatically have the authority to make decisions about their child’s health, schooling etc. Both mums can also be recognised on the child’s birth certificate. The child also has many other rights, such as automatic inheritance rights and workers’ compensation entitlements if their non-birth mother dies. For more information see our fact sheet: New lesbian parenting laws in NSW. Adoption In 2010, NSW reformed its adoption laws to allow same-sex de facto couples the opportunity to apply for adoption. This means that some long-term same-sex foster carers, step-parents and co-parents can now apply to legally adopt a child in their care. Same-sex couples are also able to apply to adopt an ‘unknown’ child. However, as no countries with which Australia has adoption agreements currently allow same-sex couples to adopt, same-sex couples can only be considered in the small number of cases of children who reside locally. Same-sex couples who wish to adopt still have to meet the same requirements as everybody else (e.g. age, length of relationship and other ‘fitness to parent’ criteria). For more information see our fact sheet: Adoption and parenting orders. Foster carers There is a critical shortage of foster carers and many agencies, such as Bernados, have actively recruited same-sex couples to provide homes to children in need. Surrogacy In 2010, NSW Parliament passed the Surrogacy Act. The act is expected to commence in early 2011. The Act distinguishes between altruistic surrogacy arrangements and commercial arrangements. Altruistic surrogacy arrangements are those which do not involve any fee or reward to the surrogate mother (apart from certain reasonable medical, legal and other costs as specified in the legislation). Once they commence, the new surrogacy laws will provide children who are born via altruistic surrogacy arrangements with the opportunity to have their intended parent(s) legally recognised through court orders made by the Supreme Court. With the consent of the surrogate mother and her partner (if any), these orders will essentially transfer all legal parenting rights and responsibilities to the intended parent(s) of the child. However, the Act also contains severe criminal penalties for people who enter (or offer to enter into) commercial surrogacy arrangements whether in NSW or overseas. The Act also criminalises certain forms of advertising for surrogacy arrangements. For more information see our fact sheet: Surrogacy. Commonwealth laws As part of wide-ranging reforms in 2008, the Australian Government introduced a number of changes to ensure that the children of same-sex couples were recognised for the purposes of Commonwealth laws. For more information see our fact sheets: Overview of the same-sex law reforms and Federal same-sex parenting reforms. In many cases, these changes mean that same-sex families are treated in the same way as opposite-sex families and have equal entitlements in areas such as: the new paid parental leave scheme family law (e.g. in property and parenting disputes) and child support tax, super and workplace benefits and entitlements, including family assistance. Same-sex step-parents and step-children are also equally recognised, although step-parents do not generally have child support obligations. Some families are still not recognised Some children living in same-sex families are still not equally recognised. For example children born through commercial surrogacy arrangements or who live in co-parenting arrangements with more than two parents have limited legal recognition of their families. For these children, parenting orders via the Family Court may give parents some limited but important recognition. See: Adoption and parenting orders. Where can I get more information? Inner City Legal Centre The Inner City Legal Centre has a state-wide, specialist lesbian and gay legal advice service. Phone: (02) 9332 1966. The NSW Births, Deaths & Marriages Registry administers the NSW parentage presumptions and birth certificates for lesbian mums. Phone: 1300 655 236.
Overview: Lesbian and gay parenting
Thanks to recent reforms, most same-sex families are now equally recognised in federal and state laws. The legal recognition of parents and their children largely depends on how a child is conceived or comes into the family. Assisted reproduction technology (ART) or home insemination Parentage presumptions now apply to equally recognise lesbian couples who have (or have had) a child together through IVF, donor insemination or home insemination. If the laws apply, both mums are legally recognised as parents and automatically have the authority to make decisions about their child’s health, schooling etc. Both mums can also be recognised on the child’s birth certificate. The child also has many other rights, such as automatic inheritance rights and workers’ compensation entitlements if their non-birth mother dies. For more information see our fact sheet: New lesbian parenting laws in NSW. Adoption In 2010, NSW reformed its adoption laws to allow same-sex de facto couples the opportunity to apply for adoption. This means that some long-term same-sex foster carers, step-parents and co-parents can now apply to legally adopt a child in their care. Same-sex couples are also able to apply to adopt an ‘unknown’ child. However, as no countries with which Australia has adoption agreements currently allow same-sex couples to adopt, same-sex couples can only be considered in the small number of cases of children who reside locally. Same-sex couples who wish to adopt still have to meet the same requirements as everybody else (e.g. age, length of relationship and other ‘fitness to parent’ criteria). For more information see our fact sheet: Adoption and parenting orders. Foster carers There is a critical shortage of foster carers and many agencies, such as Bernados, have actively recruited same-sex couples to provide homes to children in need. Surrogacy In 2010, NSW Parliament passed the Surrogacy Act. The act is expected to commence in early 2011. The Act distinguishes between altruistic surrogacy arrangements and commercial arrangements. Altruistic surrogacy arrangements are those which do not involve any fee or reward to the surrogate mother (apart from certain reasonable medical, legal and other costs as specified in the legislation). Once they commence, the new surrogacy laws will provide children who are born via altruistic surrogacy arrangements with the opportunity to have their intended parent(s) legally recognised through court orders made by the Supreme Court. With the consent of the surrogate mother and her partner (if any), these orders will essentially transfer all legal parenting rights and responsibilities to the intended parent(s) of the child. However, the Act also contains severe criminal penalties for people who enter (or offer to enter into) commercial surrogacy arrangements whether in NSW or overseas. The Act also criminalises certain forms of advertising for surrogacy arrangements. For more information see our fact sheet: Surrogacy. Commonwealth laws As part of wide-ranging reforms in 2008, the Australian Government introduced a number of changes to ensure that the children of same-sex couples were recognised for the purposes of Commonwealth laws. For more information see our fact sheets: Overview of the same-sex law reforms and Federal same-sex parenting reforms. In many cases, these changes mean that same-sex families are treated in the same way as opposite-sex families and have equal entitlements in areas such as: the new paid parental leave scheme family law (e.g. in property and parenting disputes) and child support tax, super and workplace benefits and entitlements, including family assistance. Same-sex step-parents and step-children are also equally recognised, although step-parents do not generally have child support obligations. Some families are still not recognised Some children living in same-sex families are still not equally recognised. For example children born through commercial surrogacy arrangements or who live in co-parenting arrangements with more than two parents have limited legal recognition of their families. For these children, parenting orders via the Family Court may give parents some limited but important recognition. See: Adoption and parenting orders. Where can I get more information? Inner City Legal Centre The Inner City Legal Centre has a state-wide, specialist lesbian and gay legal advice service. Phone: (02) 9332 1966. The NSW Births, Deaths & Marriages Registry administers the NSW parentage presumptions and birth certificates for lesbian mums. Phone: 1300 655 236.

Overview: Lesbian and gay parenting Thanks to recent reforms, most same-sex families are now equally recognised in federal and state laws. The legal recognition of parents and their children largely depends on how a child is conceived or comes into the family. Assisted reproduction technology (ART) or home insemination Parentage presumptions now apply to equally recognise lesbian couples who have (or have had) a child together through IVF, donor insemination or home insemination. If the laws apply, both mums are legally recognised as parents and automatically have the authority to make decisions about their child’s health, schooling etc. Both mums can also be recognised on the child’s birth certificate. The child also has many other rights, such as automatic inheritance rights and workers’ compensation entitlements if their non-birth mother dies. For more information see our fact sheet: New lesbian parenting laws in NSW. Adoption In 2010, NSW reformed its adoption laws to allow same-sex de facto couples the opportunity to apply for adoption. This means that some long-term same-sex foster carers, step-parents and co-parents can now apply to legally adopt a child in their care. Same-sex couples are also able to apply to adopt an ‘unknown’ child. However, as no countries with which Australia has adoption agreements currently allow same-sex couples to adopt, same-sex couples can only be considered in the small number of cases of children who reside locally. Same-sex couples who wish to adopt still have to meet the same requirements as everybody else (e.g. age, length of relationship and other ‘fitness to parent’ criteria). For more information see our fact sheet: Adoption and parenting orders. Foster carers There is a critical shortage of foster carers and many agencies, such as Bernados, have actively recruited same-sex couples to provide homes to children in need. Surrogacy In 2010, NSW Parliament passed the Surrogacy Act. The act is expected to commence in early 2011. The Act distinguishes between altruistic surrogacy arrangements and commercial arrangements. Altruistic surrogacy arrangements are those which do not involve any fee or reward to the surrogate mother (apart from certain reasonable medical, legal and other costs as specified in the legislation). Once they commence, the new surrogacy laws will provide children who are born via altruistic surrogacy arrangements with the opportunity to have their intended parent(s) legally recognised through court orders made by the Supreme Court. With the consent of the surrogate mother and her partner (if any), these orders will essentially transfer all legal parenting rights and responsibilities to the intended parent(s) of the child. However, the Act also contains severe criminal penalties for people who enter (or offer to enter into) commercial surrogacy arrangements whether in NSW or overseas. The Act also criminalises certain forms of advertising for surrogacy arrangements. For more information see our fact sheet: Surrogacy. Commonwealth laws As part of wide-ranging reforms in 2008, the Australian Government introduced a number of changes to ensure that the children of same-sex couples were recognised for the purposes of Commonwealth laws. For more information see our fact sheets: Overview of the same-sex law reforms and Federal same-sex parenting reforms. In many cases, these changes mean that same-sex families are treated in the same way as opposite-sex families and have equal entitlements in areas such as: the new paid parental leave scheme family law (e.g. in property and parenting disputes) and child support tax, super and workplace benefits and entitlements, including family assistance. Same-sex step-parents and step-children are also equally recognised, although step-parents do not generally have child support obligations. Some families are still not recognised Some children living in same-sex families are still not equally recognised. For example children born through commercial surrogacy arrangements or who live in co-parenting arrangements with more than two parents have limited legal recognition of their families. For these children, parenting orders via the Family Court may give parents some limited but important recognition. See: Adoption and parenting orders. Where can I get more information? Inner City Legal Centre The Inner City Legal Centre has a state-wide, specialist lesbian and gay legal advice service. Phone: (02) 9332 1966. The NSW Births, Deaths & Marriages Registry administers the NSW parentage presumptions and birth certificates for lesbian mums. Phone: 1300 655 236.
Overview: Lesbian and gay parenting
Thanks to recent reforms, most same-sex families are now equally recognised in federal and state laws. The legal recognition of parents and their children largely depends on how a child is conceived or comes into the family. Assisted reproduction technology (ART) or home insemination Parentage presumptions now apply to equally recognise lesbian couples who have (or have had) a child together through IVF, donor insemination or home insemination. If the laws apply, both mums are legally recognised as parents and automatically have the authority to make decisions about their child’s health, schooling etc. Both mums can also be recognised on the child’s birth certificate. The child also has many other rights, such as automatic inheritance rights and workers’ compensation entitlements if their non-birth mother dies. For more information see our fact sheet: New lesbian parenting laws in NSW. Adoption In 2010, NSW reformed its adoption laws to allow same-sex de facto couples the opportunity to apply for adoption. This means that some long-term same-sex foster carers, step-parents and co-parents can now apply to legally adopt a child in their care. Same-sex couples are also able to apply to adopt an ‘unknown’ child. However, as no countries with which Australia has adoption agreements currently allow same-sex couples to adopt, same-sex couples can only be considered in the small number of cases of children who reside locally. Same-sex couples who wish to adopt still have to meet the same requirements as everybody else (e.g. age, length of relationship and other ‘fitness to parent’ criteria). For more information see our fact sheet: Adoption and parenting orders. Foster carers There is a critical shortage of foster carers and many agencies, such as Bernados, have actively recruited same-sex couples to provide homes to children in need. Surrogacy In 2010, NSW Parliament passed the Surrogacy Act. The act is expected to commence in early 2011. The Act distinguishes between altruistic surrogacy arrangements and commercial arrangements. Altruistic surrogacy arrangements are those which do not involve any fee or reward to the surrogate mother (apart from certain reasonable medical, legal and other costs as specified in the legislation). Once they commence, the new surrogacy laws will provide children who are born via altruistic surrogacy arrangements with the opportunity to have their intended parent(s) legally recognised through court orders made by the Supreme Court. With the consent of the surrogate mother and her partner (if any), these orders will essentially transfer all legal parenting rights and responsibilities to the intended parent(s) of the child. However, the Act also contains severe criminal penalties for people who enter (or offer to enter into) commercial surrogacy arrangements whether in NSW or overseas. The Act also criminalises certain forms of advertising for surrogacy arrangements. For more information see our fact sheet: Surrogacy. Commonwealth laws As part of wide-ranging reforms in 2008, the Australian Government introduced a number of changes to ensure that the children of same-sex couples were recognised for the purposes of Commonwealth laws. For more information see our fact sheets: Overview of the same-sex law reforms and Federal same-sex parenting reforms. In many cases, these changes mean that same-sex families are treated in the same way as opposite-sex families and have equal entitlements in areas such as: the new paid parental leave scheme family law (e.g. in property and parenting disputes) and child support tax, super and workplace benefits and entitlements, including family assistance. Same-sex step-parents and step-children are also equally recognised, although step-parents do not generally have child support obligations. Some families are still not recognised Some children living in same-sex families are still not equally recognised. For example children born through commercial surrogacy arrangements or who live in co-parenting arrangements with more than two parents have limited legal recognition of their families. For these children, parenting orders via the Family Court may give parents some limited but important recognition. See: Adoption and parenting orders. Where can I get more information? Inner City Legal Centre The Inner City Legal Centre has a state-wide, specialist lesbian and gay legal advice service. Phone: (02) 9332 1966. The NSW Births, Deaths & Marriages Registry administers the NSW parentage presumptions and birth certificates for lesbian mums. Phone: 1300 655 236.

Overview: Lesbian and gay parenting

Thanks to recent reforms, most same-sex families are now equally recognised in federal and state laws. The legal recognition of parents and their children largely depends on how a child is conceived or comes into the family. Assisted reproduction technology (ART) or home insemination Parentage presumptions now apply to equally recognise lesbian couples who have (or have had) a child together through IVF, donor insemination or home insemination. If the laws apply, both mums are legally recognised as parents and automatically have the authority to make decisions about their child’s health, schooling etc. Both mums can also be recognised on the child’s birth certificate. The child also has many other rights, such as automatic inheritance rights and workers’ compensation entitlements if their non-birth mother dies. For more information see our fact sheet: New lesbian parenting laws in NSW. Adoption In 2010, NSW reformed its adoption laws to allow same-sex de facto couples the opportunity to apply for adoption. This means that some long-term same-sex foster carers, step-parents and co-parents can now apply to legally adopt a child in their care. Same-sex couples are also able to apply to adopt an ‘unknown’ child. However, as no countries with which Australia has adoption agreements currently allow same-sex couples to adopt, same-sex couples can only be considered in the small number of cases of children who reside locally. Same-sex couples who wish to adopt still have to meet the same requirements as everybody else (e.g. age, length of relationship and other ‘fitness to parent’ criteria). For more information see our fact sheet: Adoption and parenting orders. Foster carers There is a critical shortage of foster carers and many agencies, such as Bernados, have actively recruited same-sex couples to provide homes to children in need. Surrogacy In 2010, NSW Parliament passed the Surrogacy Act. The act is expected to commence in early 2011. The Act distinguishes between altruistic surrogacy arrangements and commercial arrangements. Altruistic surrogacy arrangements are those which do not involve any fee or reward to the surrogate mother (apart from certain reasonable medical, legal and other costs as specified in the legislation). Once they commence, the new surrogacy laws will provide children who are born via altruistic surrogacy arrangements with the opportunity to have their intended parent(s) legally recognised through court orders made by the Supreme Court. With the consent of the surrogate mother and her partner (if any), these orders will essentially transfer all legal parenting rights and responsibilities to the intended parent(s) of the child. However, the Act also contains severe criminal penalties for people who enter (or offer to enter into) commercial surrogacy arrangements whether in NSW or overseas. The Act also criminalises certain forms of advertising for surrogacy arrangements. For more information see our fact sheet: Surrogacy. Commonwealth laws As part of wide-ranging reforms in 2008, the Australian Government introduced a number of changes to ensure that the children of same-sex couples were recognised for the purposes of Commonwealth laws. For more information see our fact sheets: Overview of the same-sex law reforms and Federal same-sex parenting reforms. In many cases, these changes mean that same-sex families are treated in the same way as opposite-sex families and have equal entitlements in areas such as: the new paid parental leave scheme family law (e.g. in property and parenting disputes) and child support tax, super and workplace benefits and entitlements, including family assistance. Same-sex step-parents and step-children are also equally recognised, although step-parents do not generally have child support obligations. Some families are still not recognised Some children living in same-sex families are still not equally recognised. For example children born through commercial surrogacy arrangements or who live in co-parenting arrangements with more than two parents have limited legal recognition of their families. For these children, parenting orders via the Family Court may give parents some limited but important recognition. See: Adoption and parenting orders. Where can I get more information? Inner City Legal Centre The Inner City Legal Centre has a state-wide, specialist lesbian and gay legal advice service. Phone: (02) 9332 1966. The NSW Births, Deaths & Marriages Registry administers the NSW parentage presumptions and birth certificates for lesbian mums. Phone: 1300 655 236.

Assisted reproduction technology (ART) or home insemination

Parentage presumptions now apply to equally recognise lesbian couples who have (or have had) a child together through IVF, donor insemination or home insemination. If the laws apply, both mums are legally recognised as parents and automatically have the authority to make decisions about their child’s health, schooling etc. Both mums can also be recognised on the child’s birth certificate. The child also has many other rights, such as automatic inheritance rights and workers’ compensation entitlements if their non-birth mother dies. For more information see our fact sheet: New lesbian parenting laws in NSW.

Adoption

In 2010, NSW reformed its adoption laws to allow same-sex de facto couples the opportunity to apply for adoption. This means that some long-term same-sex foster carers, step-parents and co-parents can now apply to legally adopt a child in their care.

Same-sex couples are also able to apply to adopt an ‘unknown’ child. However, as no countries with which Australia has adoption agreements currently allow same-sex couples to adopt, same-sex couples can only be considered in the small number of cases of children who reside locally.

Same-sex couples who wish to adopt still have to meet the same requirements as everybody else (e.g. age, length of relationship and other ‘fitness to parent’ criteria). For more information see our fact sheet: Adoption and parenting orders.

Foster carers

There is a critical shortage of foster carers and many agencies, such as Bernados, have actively recruited same-sex couples to provide homes to children in need.

Surrogacy

In 2010, NSW Parliament passed the Surrogacy Act. The act is expected to commence in early 2011. The Act distinguishes between altruistic surrogacy arrangements and commercial arrangements. Altruistic surrogacy arrangements are those which do not involve any fee or reward to the surrogate mother (apart from certain reasonable medical, legal and other costs as specified in the legislation).

Once they commence, the new surrogacy laws will provide children who are born via altruistic surrogacy arrangements with the opportunity to have their intended parent(s) legally recognised through court orders made by the Supreme Court. With the consent of the surrogate mother and her partner (if any), these orders will essentially transfer all legal parenting rights and responsibilities to the intended parent(s) of the child.

However, the Act also contains severe criminal penalties for people who enter (or offer to enter into) commercial surrogacy arrangements whether in NSW or overseas. The Act also criminalises certain forms of advertising for surrogacy arrangements. For more information see our fact sheet: Surrogacy.

Commonwealth laws

As part of wide-ranging reforms in 2008, the Australian Government introduced a number of changes to ensure that the children of same-sex couples were recognised for the purposes of Commonwealth laws. For more information see our fact sheets: Overview of the same-sex law reforms and Federal same-sex parenting reforms.

In many cases, these changes mean that same-sex families are treated in the same way as opposite-sex families and have equal entitlements in areas such as:

the new paid parental leave scheme
family law (e.g. in property and parenting disputes) and child support
tax, super and workplace benefits and entitlements, including family assistance.

Same-sex step-parents and step-children are also equally recognised, although step-parents do not generally have child support obligations.

Some families are still not recognised

Some children living in same-sex families are still not equally recognised. For example children born through commercial surrogacy arrangements or who live in co-parenting arrangements with more than two parents have limited legal recognition of their families.

For these children, parenting orders via the Family Court may give parents some limited but important recognition. See: Adoption and parenting orders.